Turbine Litigation Appealed Falmouth

The Falmouth Select Board Votes: Appeal Wind Turbine Case At Massachusetts Superior Court.

The Board voted unanimously to appeal the Special Permit wind turbine litigation. One member was absent.

Appellate Procedure Rule 23: Issuance of Rescript: Stay of Rescript

The clerk of the appellate court shall mail to all parties a copy of the rescript and the opinion, if one was written.

The rescript of the court shall issue to the lower court twenty-eight days after the date of the rescript unless the time is shortened or enlarged by order.

The timely filing of a petition for rehearing or of an application for further appellate review will stay the rescript until disposition of the petition or application unless otherwise ordered by the appellate court.

If the petition or application is denied, the rescript shall issue forthwith unless the appellate court or a single justice orders otherwise.

If an application for further appellate review is granted the rescript of the Appeals Court shall not issue to the lower court.

http://www.mass.gov/courts/case-legal-res/rules-of-court/appellate-procedure/mrap23.html