Legal Opinion
Oyster Creek Preservation, Inc. v. Conservation Commission
Massachusetts Supreme Judicial Court
Decided October 23, 2007PublishedCited by 15 opinions
1Opinion of the CourtBotsford, J.
The principal issue in this case is the effect of a conservation commission’s failure to issue its decision denying a requested order of conditions within the statutorily prescribed time period.2 The plaintiff Oyster Creek Preservation, Inc. (OCP), *860seeks permission to dredge Allen’s Harbor Inlet, also called Oyster Creek (Oyster Creek), in the town of Harwich (town). On July 5, 2003, OCP filed a notice of intent with the town’s conservation commission (commission), seeking an order of conditions allowing it to dredge Oyster Creek to improve boat access. The commission eventually denied the…
2Cases cited6 opinions
- FIC Homes of Blackstone, Inc. v. Conservation CommissionMassachusetts Appeals Court · 1996
- Anderson Street Associates v. City of BostonMassachusetts Supreme Judicial Court · 2004
- Massachusetts Institute of Technology v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1997
- Golden v. Board of Selectmen of FalmouthMassachusetts Supreme Judicial Court · 1970
- Planning Board of Springfield v. Board of Appeals of SpringfieldMassachusetts Supreme Judicial Court · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Garrity v. Conservation CommissionMassachusetts Supreme Judicial Court · 2012
- Doe v. Sex Offender Registry BoardMassachusetts Appeals Court · 2012
- Lippman v. Conservation CommissionMassachusetts Appeals Court · 2011
- Macero v. MacDonaldMassachusetts Appeals Court · 2008
- Regan v. Conservation CommissionMassachusetts Appeals Court · 2010
10 more not listed; retrieve them via the Exa API.