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TRACER LANE II REALTY, LLC v. CITY OF WALTHAM

SJC-13195.

489 Mass. 775 (2022)

TRACER LANE II REALTY, LLC v. CITY OF WALTHAM & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 2, 2022.

Attorney(s) appearing for the Case

Bernadette D. Sewell, Assistant City Solicitor, for the defendants.

David C. Fixler (John J. Griffin, Jr., & John F. Farraher, Jr., also present) for the plaintiff.

The following submitted briefs for amici curiae:

Thomas Melone for Allco Renewable Energy Limited.

Ben Robbins & Daniel B. Winslow for New England Legal Foundation.

Sander A. Rikleen, David A. Michel, & Stella T. Oyalabu for First Parish in Bedford, Unitarian Universalist.

Michael Pill, pro se.

Maura Healey, Attorney General, & David S. Frankel & Megan M. Herzog, Special Assistant Attorneys General, for the Commonwealth.

Margaret E. Sheehan & Jonathan Polloni for Save the Pine Barrens, Inc., & others.

David K. McCay, Lauren E. Sparks, & Tatiana Tway for town of Charlton & another.

Kate Moran Carter, Charles N. Le Ray, & Nicholas P. Shapiro for Real Estate Bar Association for Massachusetts, Inc., & another.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

Tracer Lane II Realty, LLC (developer), seeks to build a solar energy system centered in Lexington and an access road to the facility through Waltham. Although the solar energy system would be centered on property zoned for commercial use, the access road would be on property zoned for residential use. Waltham officials indicated to the...

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