TOWN OF CANTON v. COMMISSIONER OF THE MASSACHUSETTS HIGHWAY DEPARTMENT

SJC-10431.

455 Mass. 783 (2010)

TOWN OF CANTON v. COMMISSIONER OF THE MASSACHUSETTS HIGHWAY DEPARTMENT & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 19, 2010.


Attorney(s) appearing for the Case

John M. Stevens (Thaddeus A. Heuer with him) for the plaintiff.

Douglas H. Wilkins (William L. Lahey with him) for Doherty Development Associates, LLC.

Pierce O. Cray, Assistant Attorney General (Julie B. Goldman, Assistant Attorney General, with him) for commissioner of the Massachusetts Highway Department.

Heather A. Walsh, Peter Shelley, & Claire Yancey, for Conservation Law Foundation, amicus curiae, submitted a brief.

John Pagliaro & Martin J. Newhouse, for New England Legal Foundation & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, BOTSFORD, & GANTS, JJ.


IRELAND, J.

We granted two applications for direct appellate review in this case to interpret the provision set forth in G. L. c. 30, § 62H, second par., requiring that an action challenging the certification of an environmental impact report (EIR) for a "private" development project "shall commence no later than thirty days following the first issuance of a permit." The town of Canton (town) commenced an action in the Superior Court alleging, inter alia, that...

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