Wankico River, Inc. v. Carver Conservation Commission

Plaintiffs Wankico River, Inc. (“Wankico”) and A.D. Makepeace Co. (“Makepeace”) have brought this appeal from a Determination of Applicability (“Determination”) by defendant Carver Conservation Commission (“Conservation Commission”) that the Carver Wetlands Protection Bylaw (“Bylaw”) does not apply to the proposed expansion of a regional sanitaiy landfill located in Carver, Massachusetts. Plaintiffs also seek a declaratory judgment that the proposed expansion of the landfill is subject to regulation under the Bylaw. Defendants’ have moved to dismiss the complaint pursuant to Mass.R.Civ.P.…