Kulash v. Osgood

The plaintiffs, citizens of the town of North Andover, seek judicial relief ordering the North Andover Board of Health to conduct a public hearing in order to determine whether to issue a site assignment for the operation of a refuse incinerator at 285 Holt Road, North Andover. The plaintiffs framed the issue raised by this lawsuit precisely: “Doesn’t the North Andover Board of Health have a statutory responsibility to conduct site assignment proceedings with respect to an existing incinerator on Holt Road?” Based upon the facts set forth in the plaintiffs’ amended complaint, together with…