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PAQUETTE v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

No. 00-P-17.

55 Mass. App. Ct. 844 (2002)

WILLIAM H. PAQUETTE & another v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Court of Appeals of Massachusetts, Essex.

September 16, 2002.

Attorney(s) appearing for the Case

George E. Richardson for the plaintiffs.

Paul D. Wilson for Helen Luong & another, trustees of the Luongo Realty Trust.

Pierce O. Cray, Assistant Attorney General, for Department of Environmental Protection.

Present: LENK, MASON, & GRASSO, JJ.

LENK, J.

In this appeal, we are asked to determine whether the trial court judge properly dismissed for lack of jurisdiction the plaintiffs' action, which sought judicial review of an administrative agency's "final decision," because the court action was filed before the agency had acted on the plaintiffs' motion for reconsideration of that final decision. On the facts of the present case, we conclude that dismissal...

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