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TOWN OF ANDOVER v. ENERGY FACILITIES SITING BOARD

435 Mass. 377 (2001)

TOWN OF ANDOVER & another v. ENERGY FACILITIES SITING BOARD & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 19, 2001.

Attorney(s) appearing for the Case

Robert J. Muldoon, Jr. (David A. Brown & Philip H. Graeter with him) for town of Andover.

S. James Boumil, Jr., for Merrimack Valley Residents for the Environment, Inc.

William E. Reynolds, Assistant Attorney General, for Energy Facilities Siting Board.

David S. Rosenzweig (Erika J. Hafner with him) for Nickel Hill Energy, LLC.

J. Raymond Miyares, for town of Dracut, was present but did not argue.

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

SPINA, J.

The Energy Facilities Siting Board (board) approved the petition of Nickel Hill Energy, LLC, to construct and operate a 750-megawatt natural gas-fired, combined cycle electrical generating facility on a twenty-five acre site in the town of Dracut. The town of Andover and Merrimack Valley Residents for the Environment, Inc., interveners in the administrative proceedings below,3 appealed from the decision of the board to a single...

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