Dufault v. Millennium Power Partners, L.P.

The plaintiffs are abutters to a site proposed for an electric generating facility. They appeal from a grant of summary judgment in favor of the defendants Millennium Power Partners, L.P., and U.S. Generating Company (collectively, Millennium), and the zoning board of appeals of Charlton (zoning board). The plaintiffs contend that the Housing Court judge erred as a matter of law in concluding that the zoning board did not have jurisdiction to hear the plaintiffs’ appeal of a site plan approval by the planning board of Charlton (planning board) for the facility, to be constructed by Millennium.