WILCZEWSKI v. COMMR. OF DEPT. OF ENVTL. QUALITY ENG'G


404 Mass. 787 (1989)

537 N.E.2d 1024

JOHN F. WILCZEWSKI & others vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 1989.


Attorney(s) appearing for the Case

William A. Hahn for the plaintiffs.

Stephen C. Karnas, Assistant Attorney General, for the Commissioner of the Department of Environmental Quality Engineering.

Thomas James Morrissey for the intervener.

Peter Shelley, Sarah R. Newbury & Carla Bregman for Conservation Law Foundation of New England, Inc., amicus curiae, submitted a brief.

Present: ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

The plaintiffs, ten residents and taxpayers of Stoughton, appeal from a decision of a judge of the Superior Court dismissing the plaintiffs' complaint for failure to exhaust administrative remedies. We affirm that decision.

The intervener, Goddard Memorial Hospital (hospital), owns approximately 125 acres of land in Stoughton. On June 13, 1985, the hospital filed a notice of intent to fill or alter wetlands...

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