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SAVE THE BAY, INC. v. DEPARTMENT OF PUBLIC UTILITIES

366 Mass. 667 (1975)

322 N.E.2d 742

SAVE THE BAY, INC. vs. DEPARTMENT OF PUBLIC UTILITIES (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 27, 1975.

Attorney(s) appearing for the Case

John J. Graham for Save the Bay, Inc.

Michael Sahady for Manuel Pereira & others.

Walter H. Mayo, III, Assistant Attorney General, for the Department of Public Utilities.

Acheson H. Callaghan, Jr., for the intervener, New England Liquefied Natural Gas Company, Inc.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & KAPLAN, JJ.

HENNESSEY, J.

These are two consolidated appeals pursuant to G.L.c. 25, § 5,2 as amended through St. 1971, c. 485, from a decision and order of the Department of Public Utilities (the Department) granting an exemption under G.L.c. 40A, § 10, to New England LNG Company, Inc. (New England LNG), from a Fall River zoning ordinance.3 The area involved consists of land in Fall River bordering on Mount Hope...

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