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Appeals court weighs standing claim over noise, dust and vibration from earth‑removal permit
Summary
Appellant argues unrebutted affidavit describing daily dust, vibration and a truck route with "140 trucks a day" created particularized harm that the trial court misread; appellee disputes proximity and factual sufficiency. Panel took matter under advisement.
Boston — The Appeals Court heard argument in a land‑use dispute in which abutters claim earth‑removal operations cause particularized harms that should permit certiorari review of a municipal permit.
Margaret Sheehan, appearing pro bono for appellants Kelsey and Brian Koppenrath, told the court that the trial judge erred in concluding the alleged harms were generalized rather than particularized. Sheehan…
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