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GARRITY v. CONSERVATION COMMISSION OF HINGHAM

SJC-11012.

462 Mass. 779 (2012)

MICHAEL GARRITY v. CONSERVATION COMMISSION OF HINGHAM.

Supreme Judicial Court of Massachusetts, Plymouth.

July 16, 2012.

Attorney(s) appearing for the Case

Lauren C. Galvin (James A. Toomey with her) for the defendant.

Matthew Watsky for the plaintiff.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

The Wetlands Protection Act, G. L. c. 131, § 40 (act), requires a conservation commission to issue a decision on a requested order of conditions within twenty-one days after it holds a public hearing on the applicant's notice of intent to perform work covered by the act. A question raised in this case is whether this deadline may be waived, and if so, the permissible contours of such a waiver.1 We conclude that an applicant...

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