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BEVERLY PORT MARINA, INC. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 12-P-2010.

84 Mass. App. Ct. 612 (2013)

BEVERLY PORT MARINA, INC. v. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION & another.

Appeals Court of Massachusetts, Essex.

December 11, 2013.

Attorney(s) appearing for the Case

Adam J. Brodsky for the plaintiff.

Louis M. Dundin, Assistant Attorney General, for Department of Environmental Protection.

Richard A. Nylen, Jr., for city of Beverly.

Present: GREEN, GRAINGER, & FECTEAU, JJ.

GREEN, J.

Under the regulations governing issuance of licenses under G. L. c. 91 for projects on filled tidelands, a license may not issue for a project proposed in a "designated port area" (DPA) if a proposal for a "competing project" `submitted during the public comment period on the license application would promote water-dependent industrial uses of the project site to a greater extent than the project proposed...

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