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BAKER v. DEPARTMENT OF ENVTL. PROTECTION

No. 94-P-1007.

39 Mass. App. Ct. 444 (1995)

DONALD BAKER, trustee, & others vs. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Appeals Court of Massachusetts, Suffolk.

November 22, 1995.

Attorney(s) appearing for the Case

James D. McKenna for the plaintiffs.

Peter Sacks, Assistant Attorney General, for the defendants.

Present: PERRETTA, KASS, & IRELAND, JJ.

KASS, J.

Landowners who file a notice of intent to develop wetland under G.L.c. 131, § 40 (the wetlands protection act), are required by statute and regulation to pay a filing fee "[t]o defray state and local administrative costs." G.L.c. 131, § 40, as appearing in St. 1989, c. 287, § 54. The plaintiffs brought an action seeking a declaration that the fees they had paid when applying for permission...

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