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MASSACHUSETTS ELECTRIC CO. v. NORTHBOROUGH

369 Mass. 472 (1976)

340 N.E.2d 481

MASSACHUSETTS ELECTRIC COMPANY vs. TOWN OF NORTHBOROUGH & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 7, 1976.

Attorney(s) appearing for the Case

Albert V. Colman, Jr., for the plaintiff.

Stanley G. Walker, Town Counsel, for the town of Northborough & another.

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

WILKINS, J.

We are asked to resolve a dispute between the town of Northborough (town) and the Massachusetts Electric Company (company) concerning the scope of a public safety by-law of the town which prohibits the installation throughout the town of "any poles and overhead wires and associated overhead structures upon, along or across any public way within the [town]." This by-law, which was adopted to be effective January 1, 1973, and is set forth in full in the...

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