O'MALLEY v. COMMISSIONER OF PUBLIC WORKS OF BOSTON


340 Mass. 542 (1960)

165 N.E.2d 113

CHARLES J. O'MALLEY & others vs. COMMISSIONER OF PUBLIC WORKS OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 11, 1960.


Attorney(s) appearing for the Case

William H. Kerr, for the defendants.

James M. McDonough, for the plaintiffs.

Present: WILKINS, C.J., SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

The plaintiffs seek declaratory relief concerning their right as tenants in common of land (the locus) in Boston (the city) to determine (a) whether the defendant commissioner (the commissioner) may lawfully exact any fee for permitting connections with certain sewers maintained by the city; (b) the validity, applicability, and construction of certain city ordinances; (c) whether the city has a sewer easement in the locus; and (d) the effect upon the imposition...

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