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PROVIDENCE AND WORCESTER RAILROAD COMPANY v. ENERGY FACILITIES SITING BOARD

SJC-10214.

453 Mass. 135 (2009)

PROVIDENCE AND WORCESTER RAILROAD COMPANY v. ENERGY FACILITIES SITING BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 27, 2009.

Attorney(s) appearing for the Case

Gerald J. Petros (David S. Rosenzweig with him) for the plaintiff.

Stephen J. Brake (Sarah P. Kelly with him) for the intervener.

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

COWIN, J.

In this case we are asked to decide whether G. L. c. 164, §§ 69G and 69S, give the Energy Facilities Siting Board (board) the power to authorize an oil pipeline company to take land by eminent domain for a pipeline that is not "new," a question of first impression in Massachusetts.2 We hold, contrary to the decision of the board, that the statutory scheme allows the board...

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