Legal Opinion
Healer v. Department of Environmental Protection
Massachusetts Appeals Court
Decided February 23, 2009No. 07-P-1153PublishedCited by 8 opinions
1Opinion of the CourtTrainor, J.
This is an appeal from an amended judgment of the Superior Court, which, in pertinent part, dismissed the plaintiffs’ complaint seeking judicial review, pursuant to G. L. c. 30A, § 14(7), of a final decision issued by the Department of Environmental Protection (DEP). The Superior Court judge determined that since the DEP had no jurisdiction in this matter, the plaintiffs’ claim seeking review of the DEP’s final decision was moot. We disagree and vacate that portion of the amended judgment which dismisses the plaintiffs’ complaint.4
Facts. This dispute arose from the town of Falmouth’s (town)…
2Cases cited8 opinions
- Lovequist v. Conservation Commission of DennisMassachusetts Supreme Judicial Court · 1979
- T.D.J. Development Corp. v. Conservation CommissionMassachusetts Appeals Court · 1994
- FIC Homes of Blackstone, Inc. v. Conservation CommissionMassachusetts Appeals Court · 1996
- Golden v. Board of Selectmen of FalmouthMassachusetts Supreme Judicial Court · 1970
- Hamilton v. Conservation Commission of OrleansMassachusetts Appeals Court · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miramar Park Ass'n, Inc. v. Town of DennisMassachusetts Supreme Judicial Court · 2018
- Lippman v. Conservation CommissionMassachusetts Appeals Court · 2011
- Regan v. Conservation CommissionMassachusetts Appeals Court · 2010
- Healer v. Department of Environmental ProtectionMassachusetts Appeals Court · 2009
- Parkview Electronics Trust, LLC v. Conservation Commission of WinchesterMassachusetts Appeals Court · 2016
3 more not listed; retrieve them via the Exa API.