Home/Massachusetts Supreme Judicial Court/Boston Edison Co. v. Town of Sudbury

Boston Edison Co. v. Town of Sudbury

253 N.E.2d 850, 356 Mass. 406, 1969 Mass. LEXIS 716
Massachusetts Supreme Judicial Court·Decided November 26, 1969·Published·Cited by 7 cases

Opinion

Cutter, J.

The plaintiff (Edison) proposes to construct an overhead fine for the transmission of electricity at 230,000 volts (230 KV) between an existing Edison substation in Medway and one in Sudbury. Questions concerning this or related transmission lines have been before this court in Sudbury v. Department of Pub. Util. 343 Mass. 428 (the first Sudbury case), and 351 Mass. 214 (the second Sudbury case); in Boston Edison Co. v. Selectmen of Concord, 355 Mass. 79 (the Concord case); and in Framingham v. Department of Pub. Util. 355 Mass. 138.

*408 The general location of the proposed and certain related lines is shown on the attached sketch map (which does not purport to be drawn to scale). The proposed line is to be on steel towers and is to run about seventeen miles over an existing route 250 feet wide, over which Edison has maintained one or more overhead transmission lines. The Department of Public Utilities (D.P.U.) has made various past determinations of public convenience and necessity, *409 affecting the route or parts of it, and various authorizations to make eminent domain takings of easements. Edison concedes, however, that these “do not include a specific authorization under . . . [G. L. c. 164, § 72, as amended] to construct the . . . [proposed] 230 KV line.” The D.P.U. has specifically exempted the lands within the strip 250 feet wide and the proposed structures from the operation of the zoning by-laws of Medway, Sherborn, Framing-ham, Wayland, and Sudbury, to the extent that they may be used for the transmission lines described before the D.P.U. in its opinion (D.P.U. 15192, March 29, 1967). 2 See the Framingham case, 355 Mass. 138, 140-143, 145-148.

*408

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Boston Edison Co. v. Town of Sudbury, 253 N.E.2d 850, 356 Mass. 406, 1969 Mass. LEXIS 716 (Mass. 1969).

253 N.E.2d 850 (Boston Edison Co. v. Town of Sudbury) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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