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TRIO ALGARVIO, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 00-P-319.

56 Mass. App. Ct. 425 (2002)

TRIO ALGARVIO, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Court of Appeals of Massachusetts, Suffolk.

November 12, 2002.

Attorney(s) appearing for the Case

Richard A. Nylen, Jr., for the plaintiff.

Maria Makredes, Assistant Attorney General, for the defendants.

Present: RAPOZA, COWIN, & DOERFER, JJ.

COWIN, J.

Trio Algarvio, Inc. (Trio), appeals from a judgment rendered by a Superior Court judge pursuant to G. L. c. 30A, § 14, upholding the assessment by the Department of Environmental Protection (department) under G. L. c. 91, §§ 21 and 22, of tidewater displacement and occupation fees for a prior owner's unauthorized placement of fill below the low water mark in the Acushnet River in New Bedford. The dispute

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