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Ten Persons of the Commonwealth v. Fellsway Development, LLC

Docket #SJC-10810
Date May 5, 2011
VideoView oral argument with Windows Media Player
JusticesIreland, C.J., Spina, Cordy, Botsford, Gants, Duffly, JJ.
SummaryMassachusetts Environmental Policy Act. Environment, Environmental impact report. Practice, Civil, Motion to dismiss, Declaratory proceeding, Complaint. Jurisdiction, Damage to the environment. Secretary of the Executive Office of Energy and Environmental Affairs. Commissioner of the Department of Conservation and Recreation. Administrative law, Standing.
Appealed FromMiddlesex Superior Court, Justice Bruce R. Henry
BriefsSee selection available in PDF format at Supreme Judicial Court website
Counsel for Appellant
Ten Persons of the Commonwealth:  Barry P. Fogel, Cheryl A. Blaine
Counsel for Appellee
Fellsway Development LLC:  Mark S. Furman, Kerry T. Ryan
Secretary of Energy and Environmental Affairs  David A. Guberman
Amici CuriaeTown of Stoneham, Massachusetts Association of Conservation Commissions

OpinionClick to link to the slip opinion of the Supreme Judicial Court, in PDF format (requires Adobe Acrobat)

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