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BOARD OF HEALTH OF STURBRIDGE v. BOARD OF HEALTH OF SOUTHBRIDGE

SJC-10852.

461 Mass. 548 (2012)

BOARD OF HEALTH OF STURBRIDGE & others v. BOARD OF HEALTH OF SOUTHBRIDGE & another.

Supreme Judicial Court of Massachusetts, Worcester.

February 22, 2012.

Attorney(s) appearing for the Case

Kirstie L. Pecci for twenty-eight ten-citizen groups.

Robert C. Kirsch for Southbridge Recycling and Disposal Park, Inc.

Sarah Turano-Flores, for board of health of Southbridge, was present but did not argue.

The following submitted briefs for amici curiae:

Christopher D. Ahlers, of Vermont, for Toxics Action Center.

Thomas A. Mackie for National Solid Wastes Management Association.

Martha Coakley, Attorney General, & Sookyoung Shin, Assistant Attorney General, for the Commonwealth.

Shanna Cleveland, Peter Shelley, & Margaret Van Deusen for Conservation Law Foundation & another.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

In July of 2008, the plaintiffs filed an appeal in the Superior Court from a decision of the defendant board of health of Southbridge (board) approving a "minor modification" to the site assignment for an existing landfill and related processing facility in that town under G. L. c. 111, § 150A (§ 150A).3 The plaintiffs brought their appeal pursuant to G. L. c. 30A, § 14. In response to a motion to dismiss, two...

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