TRURO v. DEPARTMENT OF PUBLIC UTILITIES


365 Mass. 407 (1974)

312 N.E.2d 566

TOWN OF TRURO vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 11, 1974.


Attorney(s) appearing for the Case

Daniel J. Fern for the town of Truro.

Morris Michelson for Drifting Sands Dune Tours, Inc., intervener.

Robert H. Quinn, Attorney General, & Walter H. Mayo, III, Assistant Attorney General, for the Department of Public Utilities, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.


BRAUCHER, J.

This appeal from a decision of the Department of Public Utilities (DPU) raises the single question whether Drifting Sands Dune Tours, Inc. (the carrier), is a "public service corporation" for the purposes of G.L.c. 40A, § 10, permitting an exemption from the zoning bylaw of the town of Truro (the town). The carrier transports passengers for sightseeing purposes on a fixed route into the Cape Cod National Seashore, pursuant to a DPU certificate of...

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