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NORTON CONSERVATION COMMISSION v. PESA

SJC-13058.

488 Mass. 325 (2021)

CONSERVATION COMMISSION OF NORTON, v. ROBERT PESA & another.

Supreme Judicial Court of Massachusetts, Bristol.

August 31, 2021.

Attorney(s) appearing for the Case

A. Alexander Weisheit for the plaintiff.

David S. Frankel, Special Assistant Attorney General, for the Commonwealth.

Donald P. Nagle for the defendants.

Donald D. Cooper, for Massachusetts Association of Conservation Commissions, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

The Wetlands Protection Act, G. L. c. 131, § 40 (act), generally prohibits removing, filling, dredging, or altering wetlands without an order of conditions from a local conservation commission or issuing authority. The act also provides that "[a]ny person" who acquires property on which...

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