SACCO v. DEPARTMENT OF PUBLIC WORKS


352 Mass. 670 (1967)

227 N.E.2d 478

JOSEPH PAUL SACCO & others vs. DEPARTMENT OF PUBLIC WORKS.

Supreme Judicial Court of Massachusetts, Middlesex.

June 7, 1967.


Attorney(s) appearing for the Case

Rudolph Kass & Robert J. Muldoon, Jr., for the plaintiffs.

Harold Putnam, Assistant Attorney General (Richard A. Hunt, Assistant Attorney General, with him), for the defendant.

Stephen F. Ells & Arnold W. Hunnewell, Jr., for Conservation Law Foundation, Inc., amicus curiae, submitted a brief.

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


SPIEGEL, J.

The plaintiffs, all residents of the town of Arlington, seek by this bill in equity to enjoin the Department of Public Works (department) from conducting "any filling operations in Spy Pond" and for a determination that such operations are unlawful. The case was heard in the Superior Court on a statement of agreed facts. The trial judge made findings, rulings and order for decree. A final decree was entered dismissing...

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