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HOLDEN v. DIVISION OF WATER POLLUTION CONTROL

6 Mass. App. Ct. 423 (1978)

376 N.E.2d 1259

TOWN OF HOLDEN vs. DIVISION OF WATER POLLUTION CONTROL & others.

Appeals Court of Massachusetts, Worcester.

June 7, 1978.

Attorney(s) appearing for the Case

David A. Talman for Sunnyhill Estates, Inc.

Phillips S. Davis for C.B. Blair Builders, Inc.

John J. O'Brien, Special Assistant Attorney General, for the Division of Water Pollution Control & another.

John O. Mirick for the town of Holden.

Present: KEVILLE, GRANT, & BROWN, JJ.

BROWN, J.

The town of Holden (Holden) brought this action under G.L.c. 21, § 46A, c. 30A and c. 231A against the Division of Water Pollution Control (division), the town of Rutland (Rutland), the Metropolitan District Commission (MDC), C.B. Blair Builders, Inc. (Blair), and Sunnyhill Estates, Inc. (Sunnyhill), alleging that two advisory rulings by the division exempting Blair and Sunnyhill from obtaining permits to connect to the MDC sewer serving Holden and...

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