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NEIGHBORHOOD ASS'N, BACK BAY v. FED. TRANS. ADMIN.

No. CIV.A.04-11550 JLT.

393 F.Supp.2d 66 (2005)

NEIGHBORHOOD ASSOCIATION OF THE BACK BAY et al., Plaintiffs, v. FEDERAL TRANSIT ADMINISTRATION and Massachusetts Bay Transportation Authority, Defendants.

United States District Court, D. Massachusetts.

September 14, 2005.

Attorney(s) appearing for the Case

Gerald Fabiano, Pierce, Davis & Perritano, LLP, Boston, MA, for Neighborhood Association of the Back Bay, Inc., Ann D. Gleason, Frederick C. Gleason, Plaintiffs.

Herbert P. Gleason, Law Office of Herbert P. Gleason, Boston, MA, for Arlington Street Church, Amicus.

Barbara Smith Healy, United States Attorney's Office, Boston, MA, for Federal Transit Administration, Defendant.

Stephen M. Leonard, Brown Rudnick Berlack Israels LLP, Boston, MA, for Massachusetts Bay Transportation Authority, Defendant.

Amanda B. Varella, Brown Rudnick Berlack Israels LLP, Boston, MA, for Massachusetts Bay Transportation Authority, Defendant.

REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DEIN, United States Magistrate Judge.

I. INTRODUCTION

In this matter, the plaintiffs,1 collectively "NABB," challenge the site selected by the Massachusetts Bay Transportation Authority ("MBTA") and finally approved by the Federal Transit Administration ("FTA") for the construction of a new, handicap-accessible, entrance to the...

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