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HEALER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 07-P-1153.

73 Mass. App. Ct. 714 (2009)

RICHARD L. HEALER & others v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Appeals Court of Massachusetts, Suffolk.

February 23, 2009.

Attorney(s) appearing for the Case

Alexander M. Joyce for the plaintiffs.

Annapurna Balakrishna, Assistant Attorney General, for Department of Environmental Protection.

Frank K. Duffy, Jr., Town Counsel, for town of Falmouth.

Alexandra D. Dawson, for Massachusetts Association of Conservation Commissions, amicus curiae, submitted a brief.

Present: GRASSO, TRAINOR, & WOLOHOJIAN, JJ.

TRAINOR, J.

This is an appeal from an amended judgment of the Superior Court, which, in pertinent part, dismissed the plaintiffs' complaint seeking judicial review, pursuant to G. L. c. 30A, § 14(7), of a final decision issued by the Department of Environmental Protection (DEP). The Superior Court judge determined that since the DEP had no jurisdiction in this matter the plaintiffs' claim seeking review of the DEP's final decision was moot. We disagree and vacate...

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