Legal Opinion

Town of Barnstable v. Cape Wind Associates, LLC

Massachusetts Superior Court

Decided April 27, 2010No. BACV200700506Published

1Opinion of the Court

Rufo, Robert C., J.

INTRODUCTION

The Town of Barnstable (“the Town”) and the Alliance to Protect Nantucket Sound, Inc. and ten individual residents of the Commonwealth (collectively, “the Alliance”) filed this action challenging the issuance, under the Massachusetts Environmental Policy Act (“MEPA”), of a Final Environmental Impact Report Certificate (“FEIR”) for a proposed commercial wind energy facility in Nantucket Sound and on land in Barnstable and Yarmouth. This matter is before the court on the Alliance’s motion for judgment on the pleadings pursuant to Mass.R.Civ.P. 12(c) and Superior…

2Cases cited19 opinions

  1. Lockhart v. Attorney GeneralMassachusetts Supreme Judicial Court · 1984
  2. Enos v. Secretary of Environmental AffairsMassachusetts Supreme Judicial Court · 2000
  3. Villages Development Co. v. Secretary of Executive Office of Environmental AffairsMassachusetts Supreme Judicial Court · 1991
  4. Caputo v. Board of Appeals of SomervilleMassachusetts Supreme Judicial Court · 1953
  5. Reilly v. School Committee of BostonMassachusetts Supreme Judicial Court · 1972

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