Legal Opinion
Higgins v. Department of Environmental Protection
Massachusetts Appeals Court
Decided October 13, 2005No. 04-P-1410PublishedCited by 4 opinions
1Opinion of the CourtDreben, J.
The plaintiffs are abutters of certain filled private tidelands property in Newburyport, on which Waterside Group *7552, LLC (Waterside), the intended grantee4 of a waterways license approved by the Massachusetts Department of Environmental Protection (department), seeks to construct a hotel and other facilities.5 In an attempt to challenge the department’s determination to grant the license, the plaintiffs sought an adjudicatory hearing, pursuant to G. L. c. 91, § 18, and 310 Code Mass. Regs. § 9.17(1) (2000). Waterside and the department filed a joint motion to dismiss, claiming that the…
2Cases cited4 opinions
- Kelley v. RossiMassachusetts Supreme Judicial Court · 1985
- TBI, Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2000
- Henderson v. Commissioners of BarnstableMassachusetts Appeals Court · 2000
- Lily Transportation Corp. v. Board of Assessors of MedfordMassachusetts Supreme Judicial Court · 1998
3Cited by4 opinions
- Kennie v. Natural Resource DepartmentMassachusetts Appeals Court · 2007
- Hertz v. Secretary of the Executive Office of Energy & Environmental AffairsMassachusetts Appeals Court · 2009
- Kelley v. Cambridge Historical CommissionMassachusetts Appeals Court · 2013
- Montgomery v. Bd. of Selectmen of NantucketMassachusetts Appeals Court · 2019