Appellees' (two brothers and a sister) family owned and operated a farm in Pomfret. In 2009, neighbors appealed to the Environmental Division from a decision by the Town’s zoning board of adjustment (ZBA) granting a construction permit for a planer building on farm property. They also appealed a ZBA denial of their request to enforce what they considered to be zoning violations concerning the building of a sawmill and kiln buildings on farm property. The trial court issued a written ruling on … [Read more...]

The City of Springfield passed an ordinance creating a single-parcel historic district encompassing a church owned by the Roman Catholic Bishop of Springfield (RCB). Under the ordinance, RCB could not make any changes affecting the exterior of the church without the permission of the Springfield Historical Commission (SHC). RCB challenged the ordinance, claiming it violated RCB's rights under the First Amendment, the Religious Land Use and Institutionalized Persons Act, and the Massachusetts … [Read more...]

Plaintiff, a conservationist organization, filed suit under the Clean Water Act (the "Act"), 33 U.S.C. 1365(a)(1), alleging that defendants violated a National Pollutant Discharge Elimination System (NPDES) permit that governed industrial storm water discharges at three scrap metal recycling facilities that defendants operated. Defendants claimed that two statutory bars, 33 U.S.C. 1319(g)(6)(A)(i)-(iii) and 1365(b)(1)(B), prohibited plaintiff's citizen suit. The court concluded that section … [Read more...]