DUFAULT v. MILLENNIUM POWER PARTNERS, L.P

No. 98-P-969.

49 Mass. App. Ct. 137 (2000)

DONALD DUFAULT & others v. MILLENNIUM POWER PARTNERS, L.P., & others.

Court of Appeals of Massachusetts, Worcester.

April 19, 2000.


Attorney(s) appearing for the Case

Francis B. Fennessey for the plaintiffs.

Edmond A. Neal, III, for Millenium Power Partners, L.P., & another.

Present: BROWN, LENK, & BECK, JJ.


LENK, J.

The plaintiffs are abutters to a site proposed for an electric generating facility. They appeal from a grant of summary judgment in favor of the defendants Millennium Power Partners, L.P., and U.S. Generating Company (collectively, Millennium), and the zoning board of appeals of Charlton (zoning board). The plaintiffs contend that the Housing Court judge erred as a matter of law in concluding that the zoning board did not have jurisdiction to hear the plaintiffs...

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