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CITIZENS FOR RESPONSIBLE ENVTL. MGMT v. ATTLEBORO MALL

400 Mass. 658 (1987)

511 N.E.2d 562

CITIZENS FOR RESPONSIBLE ENVIRONMENTAL MANAGEMENT & another vs. ATTLEBORO MALL, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

August 12, 1987.

Attorney(s) appearing for the Case

R. Robert Popeo (Michael S. Gardener with him) for Attleboro Mall, Inc.

F. Anthony Mooney (Anne E. Renner with him) for Citizens for Responsible Environmental Management.

Gregor I. McGregor (Cynthia L. Amara with him) for Massachusetts Association of Conservation Commissions.

Peter Shelley & Sarah R. Newbury, for Conservation Law Foundation of New England & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.

LIACOS, J.

The defendants are Attleboro Mall, Inc. (applicant), which seeks to construct a shopping mall on a site known as Sweeden's Swamp in Attleboro, and the Department of Environmental Quality Engineering (DEQE), which reviewed and approved the applicant's plans pursuant to the Wetlands Protection Act (WPA), G.L.c. 131, § 40.3 The applicant appeals from an order by a judge of the Superior Court, which nullified DEQE's approval...

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