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LIGHTHOUSE MASONRY, INC. v. DIVISION OF ADMINISTRATIVE LAW APPEALS

SJC-11318

466 Mass. 692 (2013)

LIGHTHOUSE MASONRY, INC., & another v. DIVISION OF ADMINISTRATIVE LAW APPEALS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 31, 2013.

Attorney(s) appearing for the Case

Harvey B. Heafitz ( Scott K. Semple with him) for the plaintiffs.

Richard C. Heidlage , Special Assistant Attorney General, for Division of Administrative Law Appeals.

Karla E. Zarbo , Assistant Attorney General ( Bruce Trager , Assistant Attorney General, with her) for the Attorney General.

The following submitted briefs for amici curiae:

Christopher C. Whitney & Scott K. Pomeroy for Associated Builders & Contractors, Massachusetts Chapter.

Donald J. Siegel & James A.W. Shaw for Massachusetts Building Trades Council.

Patricia A. DeAngelis , Special Assistant Attorney General, for Department of Labor Standards.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

This case primarily concerns the process governing appeals from civil citations issued by the Attorney General for alleged violations of the Commonwealth's prevailing wage law, G. L. c. 149, §§ 26-27H. The plaintiffs, Lighthouse Masonry, Inc., and its president, Peter Alves (collectively, Lighthouse), appeal from a Superior Court judgment that affirmed a prevailing wage law decision of a Division of Administrative Law Appeals (DALA) hearing...

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