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HEALER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 08-P-787.

75 Mass. App. Ct. 8 (2009)

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

Appeals Court of Massachusetts, Suffolk.

August 20, 2009.

Attorney(s) appearing for the Case

Alexander M. Joyce for the plaintiffs.

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

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

Present: McHUGH, COHEN, & GRAHAM, JJ.

GRAHAM, J.

This case arises from the grant of a groundwater discharge permit (permit) to the town of Falmouth (town) for the construction and operation of a wastewater treatment facility (treatment facility) and leach field.4 The plaintiffs are abutters to the site of the proposed treatment facility or the proposed leach field, and some or all of the plaintiffs rely on private water wells near the site of the proposed treatment facility...

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