TEN TAXPAYER CITIZENS GROUP v. CAPE WIND ASSOCS.

No. 03-2323.

373 F.3d 183 (2004)

TEN TAXPAYER CITIZENS GROUP; Cape Cod Marine Trades Association, Inc.; Raoul D. Ross; The Massachusetts Boating and Yacht Clubs Association, Inc., Plaintiffs, Appellants, v. CAPE WIND ASSOCIATES, LLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 28, 2004.

Rehearing and Suggestion for Rehearing Denied August 19, 2004.


Attorney(s) appearing for the Case

John W. Spillane, with whom Spillane & Spillane, LLP was on brief, for appellants.

Timothy J. Dacey, with whom Kurt W. Hague and Goulston & Storrs, P.C. were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.


Rehearing and Suggestion for Rehearing En Banc Denied August 19, 2004.

LYNCH, Circuit Judge.

This appeal is an early round in the legal battle over whether a commercial wind energy farm may be built in Nantucket Sound.

In October 2002, Ten Taxpayer Citizens Group and several additional plaintiffs (together, Ten Taxpayer) filed a lawsuit in Massachusetts state court to prevent Cape Wind Associates from erecting...

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