BOSTON CLEAR WATER COMPANY, LLC v. LYNNFIELD

No. 21-P-166.

100 Mass. App. Ct. 657 (2022)

BOSTON CLEAR WATER COMPANY LLC v. TOWN OF LYNNFIELD & another.

Appeals Court of Massachusetts, Essex.

January 26, 2022.


Attorney(s) appearing for the Case

Richard A. Nylen, Jr., for the plaintiff.

Thomas A. Mullen for the defendants.

Present: Rubin, Desmond, & Shin, JJ.


The issue in this case is whether a conservation commission's failure to conduct a hearing within twenty-one days of receiving an applicant's notice of intent, pursuant to G. L. c. 131, § 40, and its town bylaw, caused it to lose its authority over the proposed project and as a result forfeit the right to enforce its bylaw. The...

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