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BOX POND ASSOCIATION v. ENERGY FACILITIES SITING BOARD

435 Mass. 408 (2001)

BOX POND ASSOCIATION & others v. ENERGY FACILITIES SITING BOARD & another (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

November 23, 2001.

Attorney(s) appearing for the Case

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

Pierce O. Cray, Assistant Attorney General, for the defendant.

John A. DeTore (Maribeth Ladd & Alan K. Posner with him) for the intervener.

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

COWIN, J.

IDC Bellingham, LLC (IDC), filed a petition pursuant to G. L. c. 164, § 69J¼, with the Energy Facilities Siting Board (board) to construct and operate a net nominal 700-megawatt natural gas-fired, combined-cycle, electric generating facility on a 156-acre site in Bellingham.3 IDC also acquired rights to purchase a sixty-five acre parcel of land in the town of Mendon (Mendon) abutting the Bellingham parcel, which IDC...

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