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MELLO CONSTRUCTION, INC. v. DIVISION OF CAPITAL ASSET MANAGEMENT

No. 12-P-1429.

84 Mass. App. Ct. 625 (2013)

MELLO CONSTRUCTION, INC., v. DIVISION OF CAPITAL ASSET MANAGEMENT.

Appeals Court of Massachusetts, Bristol.

December 18, 2013.

Attorney(s) appearing for the Case

John J. McNamara for the plaintiff.

James A. Sweeney, Assistant Attorney General, for the defendant.

Present: CYPHER, GRAHAM, & AGNES, JJ.

GRAHAM, J.

The dispositive question presented in this appeal is whether a general contractor may sue the division of capital asset management and maintenance (DCAM) for money damages for a discretionary decision to deny an annual application for certification to bid on public construction projects.1 We conclude that it may not and affirm a Superior Court judgment dismissing the contractor...

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