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TBI, INC. v. BOARD OF HEALTH OF NORTH ANDOVER

431 Mass. 9 (2000)

TBI, INC. v. BOARD OF HEALTH OF NORTH ANDOVER

Supreme Judicial Court of Massachusetts, Essex.

March 10, 2000.

Attorney(s) appearing for the Case

Thomas A. Mackie (John D. Beling with him) for the plaintiff.

Kenneth L. Kimmell (Cristin L. Rothfuss with him) for the defendant.

Kevin F. O'Donnell, for Joan Kulash & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND. SPINA, & COWIN, JJ.

COWIN, J.

TBI, Inc. (TBI), filed an application in April, 1997, pursuant to G. L. c. 111, § 150A, with the board of health of North Andover (board) and the Department of Environmental Protection (DEP) for a site assignment to construct a recycling and solid waste transfer station (facility) in North Andover (town). On July 23, 1997, the DEP issued a favorable report on TBI's application. After an evidentiary hearing, the board issued a written decision on November...

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