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GOLDBERG v. BOARD OF HEALTH OF GRANBY

444 Mass. 627 (2005)

LOUISE C. GOLDBERG & others v. BOARD OF HEALTH OF GRANBY & another.

Supreme Judicial Court of Massachusetts, Hampshire.

July 12, 2005.

Attorney(s) appearing for the Case

Wendy H. Sibbison (Albert E. Bessette, Jr., with her) for the plaintiffs.

Kenneth L. Kimmell for Board of Health of Granby.

Martin R. Healy for Holyoke Sanitary Landfill, Inc.

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

MARSHALL, C.J.

The plaintiffs own or live in residences located near a solid waste landfill (landfill) operated by Holyoke Sanitary Landfill, Inc. (HSLI), in Granby. In 2003, the board of health of Granby (board), acting on a favorable report of the Department of Environmental Protection (department), allowed HSLI to deposit two million cubic yards of solid waste on top of the then-existing landfill. The plaintiffs contend that the board's decision contravened its...

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