Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Appeals court considers scope of remand and coastal engineering request in Wellfleet conservation dispute
Summary
The panel heard argument over whether a conservation commission exceeded the scope of a superior-court remand when it accepted additional evidence and whether the commission’s decision to deny a coastal engineering structure (CES) for a post-1978 reconstruction was supported by the record.
The Massachusetts Appeals Court on Jan. 8 heard argument in Hoyland View v. Town of Wellfleet Conservation Commission (Dockets 23-P-1304 and 23-P-1305) over two interrelated issues: whether a conservation commission exceeded the scope of a superior-court remand by considering new evidence at a second public hearing, and whether the commission’s denial of a coastal engineering structure (CES) was supported by substantial evidence.
Attorney Thomas Moriarty, representing the landowner/applicant, argued the trial court’s remand was limited:…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
