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NEW ENGLAND POWER CO. v. BOARD OF SELECTMEN OF AMESBURY

389 Mass. 69 (1983)

449 N.E.2d 648

NEW ENGLAND POWER COMPANY vs. BOARD OF SELECTMEN OF AMESBURY & Others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 1983.

Attorney(s) appearing for the Case

John F. Sherman, III (Peter G. Flynn with him) for the plaintiff.

Joseph E. Faro (Nancy Von Kittlitz with him) for the defendants.

James R. McIntosh & Linda M. Wilder-Curtis, for New England Power Pool Executive Committee, amicus curiae, submitted a brief.

Maurice J. Ferriter, Mitchell J. Sikora, Jr., & Kenneth M. Barna, for Massachusetts Municipal Wholesale Electric Company, amicus curiae, submitted a brief.

John J. Desmond, III, & John F. Smitka, Jr., for Boston Edison Company, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

The plaintiff, New England Power Company (company), brought this action for declaratory relief pursuant to G.L.c. 231A, seeking to have a single justice of this court declare that the Amesbury board of selectmen (board) is without authority to rescind previously granted "street crossing locations" for an overhead transmission line. G.L.c. 166, § 22.2 The single justice reserved...

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