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BOSTON AND MAINE CORP. v. TOWN OF AYER

Nos. 02-1537, 02-1828, 02-1843, 02-2258.

330 F.3d 12 (2003)

BOSTON AND MAINE CORP.; Springfield Terminal Railway Co.; Guilford Transportation Industries, Inc., Plaintiffs, Appellees/Cross-Appellants, v. TOWN OF AYER; Ayer Board of Selectmen; Ayer Planning Board; Ayer Board of Health; Paul D. Bresnahan; Connie F. Sullivan; Robert J. Pena; William Oelske; James F. Fay; James F. Williams; James Lucchesi; Thomas Gibbons; Lauri J. Rosas; Margaret M. Kidder; C. Jane Witherow, Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided May 21, 2003.

Attorney(s) appearing for the Case

Leonard H. Kesten, with whom Jocelyn M. Sedney, Deidre Brennan Regan, and Brody, Hardoon, Perkins & Kesten were on brief, for appellants.

William S. Eggeling, Nikolas P. Kerest, Michael T. Marcucci, and Ropes & Gray on brief for Conservation Law Foundation, Town of Littleton Water Department, Massachusetts Municipal Association and National League of Cities, amici curiae.

Eric L. Hirschhorn, with whom Winston & Strawn and Robert B. Culliford were on brief, for appellees.

Louis P. Warchot and Michael J. Rush on brief for Association of American Railroads, amicus curiae.

Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

Guilford Transportation, which runs the Boston & Maine railroad, owns a railroad yard in Ayer, Massachusetts. In 1997, in order to expand its storage capacity, Guilford1 purchased land, the San Vel site, which lies across the street from its railroad yard and is bounded by two railroad tracks. The site is in an aquifer protection area. Understandably, Ayer sought protection for the aquifer.

Guilford accordingly...

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