Summary: Town Conservation Commission prohibited homeowner from cutting various trees on his property, allegedly under the Town's Wetland By-Law. Johnson & Borenstein represented the homeowner in his appeal of the Commission's decision. The Court held the Commission's action to have been "arbitrary and capricious" and allowed the homeowner to proceed with his tree thinning. Although the case only concerned the removal of trees, the Judge's decision set an important limit on the broad discretion claimed by the Commission.
Conclusion:
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