Massachusetts Superior Court September 1, 1995, No. 942511 (Novak v. Department of Environmental Protection)

Sosman, J.

Plaintiffs Eugene Novak and Christine Florio brought the present action complaining of the decision of the Department of Environmental Protection (DEP) to reinstate the previously dismissed appeal of an Order of Conditions granted to the plaintiffs by the Conservation Commission of Newbury. DEP has moved to dismiss the action for failure to exhaust administrative remedies.