ZONING - MASSACHUSETTS

Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of City of Springfield

Massachusetts Land Court - August 14, 2014 - Not Reported in N.E.3d - 2014 WL 4049881

Palmer Renewable Energy, LLC filed suit to challenge the decision of the Springfield City Council to revoke a Special Permit it had previously issued to Palmer to construct a biomass energy plant (the “Project”).

Following hearings before the MassDEP and concerns over potentially toxic air emissions, Palmer changed its source of fuel from recycled wood to green wood chips. The City then revoked the Special Permit, claiming violations of local ordinance.

The Land Court held that the Project did not require a special permit and reinstated the previously-revoked building permits.



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