Client Results
Displaying items by tag:Litigation
Falmouth, MA Home Rule Wetlands Bylaw-Related Defense
We successfully defended a Cape Cod coastal homeowner from challenges by his neighbor to his state and local wetlands permits for home expansion on his waterfront lot, in the Town of Falmouth, which has a particularly comprehensive local Home Rule wetlands bylaw and Conservation Commission regulations, on a lot surrounded by wetland Resource Areas.
We successfully defended these permits through an adjudicatory hearing at DEP under the Wetlands Protection Act and in Superior Court and the Appeals Court under the bylaw, which upheld the Town.
Denials Overturned After Cape Cod Wetlands Permits Expired
We represented a Cape Cod homeowner whose wetlands permits had expired before he had completed the historic renovation of his cottage and landscaping of his property with pool and plantings.. The local conservation commission had refused to grant permit extensions and yet denied – twice – the new application it purportedly required for the owner to finish his project.
We obtained an order in Superior Court, upheld in the Appeals Court, overturning the Commission’s two denials, eventually mandating that the local board approve the work and issue the necessary permissions. The project was successfully completed without further obstructions.
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Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.