NEW ENGLAND TELEPHONE & TELEGRAPH CO. v. LOWELL.


369 Mass. 831 (1976)

343 N.E.2d 405

NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY vs. CITY OF LOWELL.

Supreme Judicial Court of Massachusetts, Middlesex.

March 3, 1976.


Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr. (Jeffrey Swope with him) for the plaintiff.

Thomas E. Sweeney, Assistant City Solicitor, for the defendant, submitted a brief.

Present: HENNESSEY, C.J., REARDON, BRAUCHER, & KAPLAN, JJ.


REARDON, J.

The New England Telephone and Telegraph Company (company) brought a petition for declaratory relief questioning the validity of certain provisions of an ordinance adopted by the city of Lowell (city), amending c. 27 of the city code concerning "Streets and Sidewalks." The ordinance which was adopted by the city in 1972 deals in general with the opening of trenches and the disturbance of streets around the city, and governs the issuance of permits relative...

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