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MOOT v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

448 Mass. 340 (2007)

John MOOT & another v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 12, 2007.

Attorney(s) appearing for the Case

Thomas B. Bracken for the plaintiffs.

Benjamin J. Ericson, Assistant Attorney General, for Department of Environmental Protection.

C. Dylan Sanders (Gregory P. Bialecki with him) for North Point Cambridge Land Company, LLC, & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, & COWIN, JJ.

MARSHALL, C.J.

The plaintiffs in this case filed a complaint in the Superior Court appealing from a decision of the Department of Environmental Protection (department) that exempted the construction of a multiuse project by the defendants North Point Cambridge Land Company, LLC; East Street, Inc., doing business as Water Street Company; and Boston and Maine Corporation (collectively, North Point) from the licensing requirements...

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