Town of Barnstable v. O'Connor

<> Town of Barnstable v. O'Connor - 5/18/15. In the U.S. Court of Appeals, First Circuit, Case No. 14-1597. In the ongoing series of lawsuits regarding a proposed off-shore wind power generation facility in Nantucket Sound, Plaintiffs, the Town of Barnstable and Alliance to Protect Nantucket Sound, et al sought an injunction against Massachusetts, et al regarding the Cape Wind facility      The district court granted defendants' motions to dismiss after determining that the Eleventh Amendment precluded the assertion of federal court jurisdiction. The Appeals Court  said, ". . .we disagree that the Eleventh Amendment bars the assertion of federal court jurisdiction over plaintiffs' claims, and we remand for resolution of the case's status and the possible need to resolve a litany of other issues concerning the viability of the complaint."