Town of Barnstable v. Massachusetts Energy Facilities Siting Board

Rufo, Robert C., J.

INTRODUCTION

The Town of Barnstable filed this action seeking a declaratory judgment that defendant Energy Facilities Siting Board lacks jurisdiction to override a decision rendered by defendant Cape Cod Commission with respect to a proposed commercial wind energy facility known as the Cape Wind project. The Town of Barn-stable further seeks a declaratory judgment that the only avenue of appeal of the Cape Cod Commission’s decision in this case is to the Barnstable Superior Court or the Land Court pursuant to St. 1989, c. 716. This matter is before the court on the…