Commercial Wharf East Condominium Assoc. v. Department of Environmental Protection
Massachusetts Appeals Court
1Opinion of the CourtSacks, J.
*425 This appeal presents the question whether a court conducting judicial review under G. L. c. 30A, § 14, of an agency's adjudicatory decision may issue an order of remand to the agency under § 14(6) 1 that reverses various agency evidentiary and discovery rulings-rulings that would ordinarily be *426 reviewed, along with the remainder of the agency's decision, under § 14(7). Here, a Superior Court judge issued such an order and corresponding judgment, and the agency appealed. We conclude that the appeal is properly before us and that the judge erred in acting under § 14(6) ; the challenge to the…
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