COMMR. OF PUBLIC HEALTH v. BD. OF HEALTH OF TEWKSBURY


350 Mass. 507 (1966)

215 N.E.2d 745

COMMISSIONER OF PUBLIC HEALTH vs. BOARD OF HEALTH OF TEWKSBURY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

April 4, 1966.


Attorney(s) appearing for the Case

Warren W. Allgrove, Town Counsel, for the defendants.

Charles W. Long, Legal Assistant to the Attorney General (David Lee Turner, Assistant Attorney General, with him), for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


SPIEGEL, J.

This is a bill in equity brought by the Commissioner of Public Health of the Commonwealth (Commissioner) against the members of the board of health of the town of Tewksbury (board), the members of the board of selectmen of the town of Tewksbury (selectmen), and one Anthony Rocco, owner of a tract of land on which the Tewksbury town dump is located. The Commissioner seeks an injunction to restrain the defendants...

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