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DICICCO v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 04-P-1095.

64 Mass. App. Ct. 423 (2005)

THOMAS M. DiCICCO & others v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Appeals Court of Massachusetts, Suffolk.

September 2, 2005.

Attorney(s) appearing for the Case

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

Matthew C. Ireland, Assistant Attorney General, for Department of Environmental Protection & others.

Thomas Paul Gorman for town of Westwood & others.

Present: GELINAS, CYPHER, & TRAINOR, JJ.

CYPHER, J.

The plaintiffs, eleven residents of Westwood, filed a complaint in Superior Court on January 6, 2003, objecting to an administrative consent order entered into between the Department of Environmental Protection (DEP) and the town of Westwood (Westwood). The consent order requires Westwood to effect about 24,000 square feet of wetland restoration and replication, as compensation for the previous illegal filling of

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