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ROSE v. COMMISSIONER OF PUBLIC HEALTH

361 Mass. 625 (1972)

282 N.E.2d 81

WILLIAM B. ROSE & others vs. COMMISSIONER OF PUBLIC HEALTH & others. (and a companion case).

Supreme Judicial Court of Massachusetts, Hampshire.

April 20, 1972.

Attorney(s) appearing for the Case

Raymond R. Cross for William B. Rose & others.

Thomas M. Growhoski, City Solicitor, for the Board of Health of Northampton.

William H. Welch for Calduwood Enterprises.

Gregor I. McGregor, Assistant Attorney General (Allan G. MacDonald, Assistant Attorney General, with him) for the Commissioner of Public Health.

John C. O'Donnell, for the Board of Appeals of Northampton, joined in a brief.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, & HENNESSEY, JJ.

CUTTER, J.

In the first case, Rose and other abutters (the abutters) sought review (G.L.c. 30A)2 in the Superior Court of a decision of the Department of Public Health (the department) approving the assignment by the city board of health of land (the locus) as a sanitary landfill dump. The abutters now appeal from the Superior Court decree affirming the department's decision.

In the second case, the city board of health appealed...

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