Legal Opinion

Planning Board of Braintree v. Department of Public Utilities

Massachusetts Supreme Judicial Court

Decided April 11, 1995PublishedCited by 2 opinions

1Opinion of the CourtAbrams, J.

A single justice of this court has reserved and reported this case concerning the correctness of the Department of Public Utilities’s (department’s) decision to grant the Braintree Electric Light Department (BELD) an exemption from the zoning by-law for its new electric substation. See G. L. c. 40A, § 3 (1992 ed.). BELD is a municipal electric department established by two successive town votes in 1891 pursuant to St. 1891, c. 370, § 2. It is located in Braintree and is the sole supplier of retail electric service in the town.

*24On April 14, 1987, BELD filed a petition, pursuant to G. L. c. 164,…

2Cases cited21 opinions

  1. Pereira v. New England LNG Co., Inc.Massachusetts Supreme Judicial Court · 1973
  2. Save the Bay, Inc. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1975
  3. Villages Development Co. v. Secretary of Executive Office of Environmental AffairsMassachusetts Supreme Judicial Court · 1991
  4. Weld v. Board of Gas & Electric Light CommissionersMassachusetts Supreme Judicial Court · 1908
  5. New York Central Railroad v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1964

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3Cited by2 opinions

  1. Box Pond Ass'n v. Energy Facilities Siting BoardMassachusetts Supreme Judicial Court · 2001
  2. Conservation Commission of Brockton v. Department of Environmental ProtectionMassachusetts Appeals Court · 2012

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