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EASTERN ENERGY CORP. v. ENERGY FACILITIES SITING BOARD

419 Mass. 151 (1994)

EASTERN ENERGY CORPORATION vs. ENERGY FACILITIES SITING BOARD & another (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

December 13, 1994.

Attorney(s) appearing for the Case

Frederick D. Augenstern, Assistant Attorney General, for the intervener.

John A. DeTore for the plaintiff.

Philip Y. Brown (David Geffen with him) for Greater New Bedford NO-COALition.

E. Michael Sloman, Special Assistant Attorney General (Michael B. Meyer, Special Assistant Attorney General, with him) for Energy Facilities Siting Board.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.

NOLAN, J.

This is an appeal from an order of a single justice dismissing Eastern Energy Corporation's (Eastern's) petition under G.L.c. 25, § 5 (1992 ed.), and G.L.c. 164, § 69P (1992 ed.), on the basis that it had not been timely filed.3 We affirm the single justice's order.

On October 27, 1993, the Energy Facilities Siting Board4 (board) issued a final decision conditionally approving Eastern...

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