Theophilopoulos v. Board of Health of Salem
Massachusetts Appeals Court
1Opinion of the CourtCypher, J.
The question presented for review is whether the Salem board of health (board) properly classified the joint application of the city of Salem (city) and Northside Carting, Inc. (NCI), as one for a minor modification of a site assignment. On appeal to the Superior Court pursuant to G. L. c. 30A, § 14(7), a judge concluded that it had not, and nullified the decision of the board approving the application.3 We reverse.
History of the site. In June, 1960, the board assigned city-owned land in Salem for use as a refuse incineration plant (site).4 As was common for the time, the board did not place…
2Cases cited11 opinions
- Goldberg v. Board of HealthMassachusetts Supreme Judicial Court · 2005
- Warcewicz v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 1991
- TBI, Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2000
- Ten Local Citizen Group v. New England WindMassachusetts Supreme Judicial Court · 2010
- Biogen IDEC MA, Inc. v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 2009
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3Cited by2 opinions
- ADAM JAMES BRADLEY v. RECORDS ACCESS OFFICER, DEPARTMENT OF STATE POLICE.Massachusetts Appeals Court · 2021
- Northside Recycling, Inc. v. City Council of SalemMassachusetts Appeals Court · 2018