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CUMMINGS v. SECRETARY OF ENVIRONMENTAL AFFAIRS

402 Mass. 611 (1988)

524 N.E.2d 836

DAMON E. CUMMINGS & others vs. SECRETARY OF ENVIRONMENTAL AFFAIRS & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1988.

Attorney(s) appearing for the Case

Gregor I. McGregor (Cynthia L. Amara with him) for the plaintiffs.

Stephen C. Karnas, Assistant Attorney General, for Secretary of Environmental Affairs & another.

Stephen M. Leonard for Gloucester Landing Associates.

Stephen D. Anderson & Arthur P. Kreiger, for Sierra Club, amicus curiae, submitted a brief.

Richard S. Emmet, for Conservation Law Foundation of New England, Inc., amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

The plaintiffs, ten citizens of the Commonwealth, allege in their complaint that the defendant Secretary violated the Massachusetts Environmental Policy Act (MEPA), G.L.c. 30, §§ 61-62H, in determining that no environmental impact report (EIR) was required for a mixed use commercial development project proposed by the defendant, Gloucester Landing Associates, to be located on property owned by the...

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