Teleen v. Dennis Conservation Commission, Barnstable Superior Court, Docket No. 1972CV00639 (2021):
A judge of the Barnstable Superior Court (Pascale, J.) entered judgment in favor of the Dennis Conservation Commission, upholding the Commission’s denial decision under the Town’s Bylaw for the construction of a beach access stairway which would have an adverse impact on shellfish and shellfish habitat in the area. The Court agreed that the Bylaw was more stringent than State law in protecting local wetlands values of shellfishing and fishing by prohibiting water-dependent projects that will adversely impact those values. As such, the Court concluded that a superseding order from MassDEP could not preempt or “trump” the Commission’s local decision to deny the project for the protection of wetlands.