Legal Opinion
Aquacultural Research Corp. v. Austin
Massachusetts Appeals Court
Decided November 9, 2015No. AC 14-P-1650PublishedCited by 3 opinions
1Opinion of the Court
Kafker, C J.
The primary issue presented in this appeal is the proper application of mootness principles. In particular, we first must decide whether a legal challenge to a permitting process for a wind turbine is mooted by a conservation restriction precluding the construction of the wind turbine. If so, we then must decide the status of the unreviewed town committee, regional commission, and court decisions. We conclude that the case is moot and vacate all of the unreviewed decisions. 3
The procedural posture of the case is as follows. In 2010, Aquacultural Research Corporation (ARC) sought…
2Cases cited14 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- A. L. Mechling Barge Lines, Inc. v. United StatesSupreme Court of the United States · 1961
- Lockhart v. Attorney GeneralMassachusetts Supreme Judicial Court · 1984
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3Cited by3 opinions
- Funfar v. Town of Falmouth & AnotherMassachusetts Appeals Court · 2018
- Commonwealth v. ZoeMassachusetts Appeals Court · 2019
- White v. Ridge Club Cmty. Ass'n, Inc.Massachusetts Appeals Court · 2018