Newbay Corp. v. Malachowski

OPINION

This case came before a hearing panel of this court pursuant to an order that had directed the parties to appear on the motion calendar November 19, 1991, for oral argument. The issue presented at this hearing was the appropriateness of a Superior Court injunction that prevented the Energy Facility Siting Board (EFSB) from initially determining the question of jurisdiction. We vacate the injunction.

The EFSB has been granted jurisdiction pursuant to G.L.1956 (1988 Reenactment) § 42-98-3(A) over the siting of major energy facilities. This statute provided at the time pertinent to this…