Hamilton v. Conservation Commission of Orleans

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that local communities are free to adopt more stringent wetlands controls
• noting that local authorities may impose by bylaw or ordinance wetlands protections that are more stringent than state standards under section 40, but that “where a taking is caused by the accomplishment of that purpose, it is the local authority which would bear the liability”
• “The plaintiffs’ action in quantum meruit is not barred by the Statute of Frauds.” (citations omitted)
• if plaintiff accepts correctness of department's decision, no need to pursue administrative appeal before commencing suit alleging taking
• where plaintiff accepts correctness of department's decision, no need to pursue G. L. c. 30A, § 14, appeal before commencing suit for damages for a taking
• where town acts based on state Wetlands Protection Act, it is the state agency which has final authority; town may impose stricter liability by ordinance or by law, and even then, only in a fashion consistent with the Act

Source: CourtListener parenthetical corpus (CC0).