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Wetlands & Floodplains (12)

Pollard Case Rules Commission Must Have Specific Reasons to Reject Applicant’s Uncontradicted Evidence

Written by
/ Published Sunday, 11 January 2009 19:00
The state Appeals Court recently ruled that a Conservation Commission cannot deny work without explicit and objective reasons why the Commission is rejecting the applicant's uncontested evidence. In Pollard v. Conservation Commission of Norfolk, the Massachusetts Appeals Court (the "Appeals Court") said that the Commission, in disbelieving or rejecting uncontradicted evidence, cannot simply say that the applicants' evidence was "not credible" and that the applicants "failed to sustain their burden."
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