TBI, Inc. v. Board of Health
Massachusetts Supreme Judicial Court
1Opinion of the CourtCowin, J.
TBI, Inc. (TBI), filed an application in April, 1997, pursuant to G. L. c. Ill, § 150A, with the board of health of North Andover (board) and the Department of Environmental Protection (DEP) for a site assignment to construct a recycling and solid waste transfer station (facility) in North Andover (town). On July 23, 1997, the DEP issued a favorable report on TBI’s application. After an evidentiary hearing, the board issued a written decision on November 5, 1997, denying the application because the proposed site would violate air quality standards and would cause a concentration of facilities…
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