Attorney Blog

New Developments in Environmental Law

State Appeals Court Calculates Deadline to File Certiorari Case Against Conservation Commission

Written by
/ Published Wednesday, 28 December 2011 19:00

The Massachusetts Appeals Court recently decided the question of when the clock begins running to file a court appeal for certiorari review under M.G.L. ch. 249, §4, specifically against a conservation commission that had issued an enforcement order.

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."

Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.


Contact Information