Massachusetts: Supreme Judicial Court citation practice | Citation rule(s)


Examples from City Council of Agawam v. Energy Facilities Siting Bd., 437 Mass. 821, 776 N.E.2d 1002 (2002)

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Pursuant to its statutory mission to "provide a reliable energy supply for the commonwealth with a minimum impact on the environment at the lowest possible cost," G. L. c. 164, § 69H, the board is charged with issuing construction permits for energy generation facilities. G. L. c. 164, § 69J 1/4, inserted by St. 1997, c. 164, § 210. On June 20, 1995, Berkshire filed a petition to construct, requesting such a permit from the board.

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The board's regulations regarding the issuance of certificates divide the certificate application process into two parts: an initial petition, 980 Code Mass. Regs. § 6.02 (1993); and an application, 980 Code Mass. Regs. § 6.03 (1993). When an energy generating company files an initial petition for a certificate, the board may either grant the initial petition (and proceed to consider the subsequent application) or consolidate that petition with the application and consider them both in a combined hearing. 980 Code Mass. Regs. § 6.02 (4). The board in this case chose the latter course.

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The scope of our review of board decisions is limited to determining whether they conform to the Massachusetts and Federal Constitutions, the provisions of §§ 69H-69O, and the board's rules and regulations; whether they are supported by substantial evidence in the record of the board's proceedings; and whether they were arbitrary, capricious, or an abuse of the Board's discretion. G. L. c. 164, § 69P. See Andover v. Energy Facilities Siting Bd., 435 Mass. 377, 378-379, 758 N.E.2d 117 (2001). The party appealing from a decision of the board bears the burden of showing that the decision is invalid. Id. at 379.

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Mass. R. App. P. 16(g), http://www.mass.gov/courts/case-legal-res/rules-of-court/appellate-procedure/mrap16.html.

RULE 16. BRIEFS

(a) Brief of the Appellant. The brief of the appellant shall contain under appropriate headings and in the order here indicated:

(1) In all briefs, a table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.

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(4) The argument, which shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on.

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(f) Reproduction of Statutes, Rules, Regulations, etc. If determination of the issues presented requires consideration of constitutional provisions, statutes, rules, regulations, etc. or relevant parts thereof, they shall be reproduced in the brief or in an addendum at the end.

(g) Massachusetts Citations. Massachusetts Reports between 17 Massachusetts and 97 Massachusetts shall be cited by the name of the reporter. Any other citation shall include, wherever reasonably possible, a reference to any official report of the case or to the official publication containing statutory or similar material. References to decisions and other authorities should include, in addition to the page at which the decision or section begins, a page reference to the particular material therein upon which reliance is placed, and the year of the decision; as, for example: 334 Mass. 593, 597-598 (1956). Quotations of Massachusetts statutory material shall include a citation to either the Acts and Resolves of Massachusetts or to the current edition of the General Laws published pursuant to a resolve of the General Court.

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