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DENVER STREET LLC v. TOWN OF SAUGUS

No. 09-P-2031.

78 Mass. App. Ct. 526 (2011)

DENVER STREET LLC v. TOWN OF SAUGUS (and three companion cases).

Appeals Court of Massachusetts, Essex.

January 6, 2011.

Attorney(s) appearing for the Case

Ira H. Zaleznik (Kristina A. Engberg with him) for town of Saugus.

James R. Senior for Denver Street LLC & others.

John L. Davenport, for Conservation Law Foundation, Inc., amicus curiae, submitted a brief.

Present: DUFFLY, SIKORA, & MILKEY, JJ.

DUFFLY, J.

For a number of years, the town of Saugus (town) coped with its failing sewer infrastructure by releasing water and sewage into the Saugus River. In 2005, the town entered into an administrative consent order (ACO) with the Department of Environmental Protection (DEP) that mandated repairs to reduce the amount of groundwater inflow and infiltration (I/I) into the system. The four plaintiffs, Denver Street...

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