Legal Opinion
Nelson v. Conservation Comm'n of Wayland
Massachusetts Appeals Court
Decided October 6, 2017No. 16–P–1649Published
1Opinion of the Court
It is well settled that when a local conservation commission fails to act on an application filed under G. L. c. 131, § 40, in a timely manner, a subsequent superseding order of conditions from the Department of Environmental Protection (DEP) governs, and any late-issued decision of the commission is without effect. See Oyster Creek Preservation, Inc. v. Conservation Commn. of Harwich, 449 Mass. 859, 866 (2007) ; Lippman v. Conservation Commn. of Hopkinton, 80 Mass. App. Ct. 1, 4 (2011). There is no dispute that the conservation commission of Wayland (commission) delivered a denial of the…
2Cases cited8 opinions
- State v. SimsArizona Supreme Court · 1965
- Kash N'Karry Wholesale Supermarkets, Inc. v. GarciaDistrict Court of Appeal of Florida · 1969
- Commonwealth v. DuestMassachusetts Appeals Court · 1991
- Audubon Hill South Condominium Ass'n v. Community Ass'n Underwriters of America, Inc.Massachusetts Appeals Court · 2012
- Garrity v. Conservation CommissionMassachusetts Supreme Judicial Court · 2012
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