Legal Opinion

Healer v. Department of Environmental Protection

Massachusetts Appeals Court

Decided August 20, 2009No. 08-P-787PublishedCited by 1 opinion

1Opinion of the CourtGraham, J.

This case arises from the grant of a groundwater discharge permit (permit) to the town of Falmouth (town) for the construction and operation of a wastewater treatment facility (treatment facility) and leach field.4 The plaintiffs are abutters to the site of the proposed treatment facility or the proposed leach field, and some or all of the plaintiffs rely on private water wells near the site of the proposed treatment facility or leach field as their sole source of drinking water. Acting on the plaintiffs’ motion for judgment on the pleadings, a judge in the Superior Court upheld the decision…

2Cases cited7 opinions

  1. New Boston Garden Corp. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1981
  2. Merisme v. Board of Appeals on Motor Vehicle Liability Policies & BondsMassachusetts Appeals Court · 1989
  3. Flint v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1992
  4. Commonwealth v. SchulzeMassachusetts Supreme Judicial Court · 1983
  5. Letch v. DanielsMassachusetts Supreme Judicial Court · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Cave Corp. v. Conservation Commission of AttleboroMassachusetts Appeals Court · 2017

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