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MAHAJAN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SJC-11134

464 Mass. 604 (2013)

SANJOY MAHAJAN & others v. DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 2013.

Attorney(s) appearing for the Case

Denise A. Chicoine for Boston Redevelopment Authority.

Annapurna Balakrishna, Assistant Attorney General, for Department of Environmental Protection.

Gregor I. McGregor (Michael J. O'Neil & Luke H. Legere with him) for the plaintiffs.

The following submitted briefs for amici curiae:

Heather Maguire Hoffman for Shirley Kressel.

Thomas B. Bracken for The Sierra Club.

Peter Shelley & John A. Pike for Conservation Law Foundation, Inc., & others.

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

CORDY, J.

This action arises from the Department of Environmental Protection's (department's) issuance of a waterways license under G. L. c. 91 (chapter 91 license) to the Boston Redevelopment Authority (BRA) to redevelop a section of land owned by the BRA on the seaward end of Long Wharf (project site). The plaintiffs, ten residents of Boston's North End neighborhood, appealed the issuance of the chapter 91 license to the department's office of appeals and dispute...

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