BOARD OF HEALTH OF NORTH ADAMS v. MAYOR OF NORTH ADAMS


368 Mass. 554 (1975)

334 N.E.2d 34

BOARD OF HEALTH OF NORTH ADAMS vs. MAYOR OF NORTH ADAMS & another (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Berkshire.

September 5, 1975.


Attorney(s) appearing for the Case

James A. Bowes for the defendants.

Bernard Lenhoff (John Lenhoff with him) for the plaintiffs.

Herbert H. Hershfang, for the Massachusetts Dental Society, amicus curiae, submitted a brief.

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


KAPLAN, J.

The board of health of North Adams (board) sought by the present action to require the mayor and city council of North Adams to make available funds to study, and later to accomplish, the fluoridation of the city's water supply in accordance with the board's order issued on the recommendation of the State Department of Public Health. On a bill for declaratory relief, the case was submitted to the Superior Court...

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