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HIGGINS v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 04-P-1410.

64 Mass. App. Ct. 754 (2005)

ROBERT W. HIGGINS, trustee, & another v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Appeals Court of Massachusetts, Suffolk.

October 13, 2005.

Attorney(s) appearing for the Case

Michael K. Murray (Robert H. Fitzgerald with him) for the plaintiffs.

Scott E. Erlich (Michael A. Leon with him) for Waterside Group 2, LLC.

Present: Perretta, Dreben, & Gelinas, JJ.

DREBEN, J.

The plaintiffs are abutters of certain filled private tidelands property in Newburyport, on which Waterside Group 2, LLC (Waterside), the intended grantee4 of a waterways license approved by the Massachusetts Department of Environmental Protection (department), seeks to construct a hotel and other facilities.5 In an attempt to challenge the department...

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