Posted on October 12, 2015
By George Brennan, Cape Cod Times
The dispute over dredge spoils from Cape Cod Canal is headed back to state court.
On Friday, attorneys for property owners on Bay Beach Lane and White Cap Path filed a motion to have their lawsuit returned to where it started, in Land Court. The move came two days after the town’s attorneys had the case transferred to federal court because it raised constitutional issues.
In Friday’s motion, however, attorneys for the property owners amended the complaint to remove the allegation that the town’s request for permanent easements violated their clients’ constitutional rights.
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