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HARPER v. DIVISION OF WATER POLLUTION CONTROL

412 Mass. 464 (1992)

589 N.E.2d 1239

RAY HARPER & others, trustees, vs. DIVISION OF WATER POLLUTION CONTROL & another.

Supreme Judicial Court of Massachusetts, Barnstable.

April 15, 1992.

Attorney(s) appearing for the Case

Pamela Talbot, Assistant Attorney General, for the Division of Water Pollution Control.

Barry S. Fischer (James B. Fox with him) for Sybil Sharaf, trustee.

Gregory M. Downs, for the plaintiffs, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

WILKINS, J.

The plaintiffs appeal from a judgment that dismissed their action on the ground that it had not been commenced within the time prescribed by statute. We affirm the judgment.

In October, 1986, the defendant trust (Misha) applied to the defendant Division of Water Pollution Control (division) for a ground water discharge permit for a sewage treatment facility. The division denied the application. On Misha...

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