B&D Wins Appeals Court Challenge to Transfer Station Site Assignment

Beveridge & Diamond solid waste lawyers Marc Goldstein (Principal, Boston) and Dylan King (Associate, Boston) secured a further victory for firm client TLA-Holbrook LLC last week in the Massachusetts Appeals Court. The court affirmed the issuance of a site assignment for a 1,000-ton-per-day transfer station proposed for an industrial park in Holbrook, Massachusetts, which had been challenged by the abutting Town of Randolph.

The approval process for the transfer station began in November of 2005 and has involved numerous nights of public hearings. B&D secured the site assignment and a major modification of that site assignment from the Holbrook Board of Health in 2017 and 2019. (For a more detailed description and prior media coverage click here.)

Town of Randolph challenged those decisions in Superior Court, which ruled in 2020 that the Board of Health’s decisions were consistent with the statutory and regulatory requirements. Randolph challenged the Superior Court’s decision at the Appeals Court, arguing that the applicant and the Board of Health did not have sufficient evidence to demonstrate compliance with siting criteria regarding environmental concerns, traffic, and the size of the site. The Appeals Court ruled last week that the Board of Health had rightly sorted through the evidence, deciding between conflicting expert opinions, and determined the project complied in all respects.

B&D also completed the remainder of the local permitting – including permits from the Holbrook Zoning Board of Appeals, Planning Board, and Conservation Commission – and defended those decisions against challenges by Randolph in Superior Court. In those cases, the court found that Randolph lacked standing to pursue its appeals and that the Holbrook Planning Board had constructively granted Site Plan Review.

B&D’s team was led by Boston Office Managing Principal Marc Goldstein and Boston associate Dylan King. Marc and Dylan both argued virtually before the Superior Court and Marc argued before the Appeals Court.

Beveridge & Diamond’s Waste Treatment, Recycling, and Disposal Services practice helps clients across industry sectors to minimize exposure to liability, ensure regulatory compliance, and develop business opportunities.