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Appeals court weighs limits of administrative record in conservation commission wetlands appeal

Appeals Court Panel (Mead, Ditkoff, Toon) · November 4, 2025
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Summary

The Appeals Court heard argument in 24P1201, James Jones v. Town of Barnesville Conservation Commission, over whether the trial court erred by denying plaintiffs’ motion to supplement the administrative record and whether the commission’s order of conditions was supported by substantial evidence.

The Appeals Court heard argument in 24P1201, James Jones v. Town of Barnesville Conservation Commission, over whether the trial court erred by denying plaintiffs’ motion to supplement the administrative record and whether the commission’s order of conditions was supported by substantial evidence.

Jonathan Silverstein, arguing for the appellants, said the administrative record as filed omitted local conservation regulations and other municipal materials that the commission routinely relies on and that courts should be able to consider. Silverstein pointed to topographic plans, FEMA flood maps referenced…

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