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BEVERLY PORT MARINA, INC. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 12-P-2010.

84 Mass. App. Ct. 612 (2013)

BEVERLY PORT MARINA, INC. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Appeals Court of Massachusetts, Essex.

December 11, 2013.

Attorney(s) appearing for the Case

Adam J. Brodsky for the plaintiff.

Louis M. Dundin , Assistant Attorney General, for Department of Environmental Protection.

Richard A. Nylen, Jr. , for city of Beverly.

Present: GREEN, GRAINGER, & FECTEAU, JJ.

GREEN, J.

Under the regulations governing issuance of licenses under G. L. c. 91 for projects on filled tidelands, a license may not issue for a project proposed in a "designated port area" (DPA) if a proposal for a "competing project" `submitted during the public comment period on the license application would promote water-dependent industrial uses of the project site to a greater extent than the project proposed...

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