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VAN SCOYOC v. BOARD OF HEALTH OF SHERBORN

4 Mass. App. Ct. 97 (1976)

342 N.E.2d 723

WILLIAM H. VAN SCOYOC & another vs. BOARD OF HEALTH OF SHERBORN.

Appeals Court of Massachusetts, Middlesex.

February 20, 1976.

Attorney(s) appearing for the Case

Andrew Gill Meyer for the plaintiffs.

Reginald H. Howe for the defendant.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

HALE, C.J.

The plaintiffs, purchasers of a new home, brought this action seeking relief formerly available by writ of mandamus to compel the Sherborn board of health (board) to enforce the State Sanitary Code against the builders of the home.1 The board counterclaimed seeking to enforce compliance with the code by the plaintiffs. A Superior Court judge entered a summary judgment which dismissed the complaint and which ordered the plaintiffs...

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