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GPT-ACTON, LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 04-P-141.

64 Mass. App. Ct. 103 (2005)

GPT-ACTON, LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Appeals Court of Massachusetts, Middlesex.

July 25, 2005.

Attorney(s) appearing for the Case

Thomas O. Moriarty for the plaintiff.

Annapurna Balakrishna, Assistant Attorney General, for the defendant.

Present: Cypher, Dreben, & Katzmann, JJ.

KATZMANN, J.

In this appeal from the entry of summary judgment for the Department of Environmental Protection (DEP), GPT-Acton, LLC (GPT), claims that a judge of the Superior Court erred in deferring to DEP's interpretation of its regulations, which requires GPT to apply for a groundwater discharge permit. We affirm the judgment.

Background. The material facts are not in dispute. GPT is the owner of...

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