HADLEY v. AMHERST


372 Mass. 46 (1977)

360 N.E.2d 623

TOWN OF HADLEY vs. TOWN OF AMHERST & others.

Supreme Judicial Court of Massachusetts, Hampshire.

February 22, 1977.


Attorney(s) appearing for the Case

Elizabeth A. Porada for the plaintiff.

Stephen R. Kaplan (John F. Murphy, Jr., with him) for the town of Amherst.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.


LIACOS, J.

In 1912, the Legislature authorized the town of Amherst to "lay out, construct, maintain and operate a system or systems of main drains and common sewers." St. 1912, c. 484, § 1. The act further provided that the board of sewer commissioners "shall have the power to take or acquire by purchase or otherwise, any lands in fee and any water rights, rights of way and easements ... in said towns of Amherst and Hadley, necessary for any of the purposes mentioned...

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