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TOFIAS v. ENERGY FACILITIES SITING BOARD

435 Mass. 340 (2001)

ARNOLD B. TOFIAS, trustee, v. ENERGY FACILITIES SITING BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 14, 2001.

Attorney(s) appearing for the Case

Michael D. Vhay (Laura H. Pawle with him) for the plaintiff.

Peter T. Wechsler, Assistant Attorney General, for Energy Facilities Siting Board.

David S. Rosenzweig (John K. Habib & Cheryl A. Blaine with him) for Brockton Power, LLC.

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

SOSMAN, J.

Arnold B. Tofias, trustee of the Julius Tofias Realty Trust (trust), has appealed from the decision of the Energy Facilities Siting Board (board) approving the proposal of Brockton Power, LLC (Brockton Power), to construct a power plant in an industrial park in Brockton. G. L. c. 164, § 69P. The trust does not challenge any aspect of the proposal for the actual power generating facility, but objects to the...

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