GALLO v. DIVISION OF WATER POLLUTION CONTROL


374 Mass. 278 (1978)

372 N.E.2d 1258

ROBERT H. GALLO & others vs. DIVISION OF WATER POLLUTION CONTROL & others.

Supreme Judicial Court of Massachusetts, Worcester.

January 25, 1978.


Attorney(s) appearing for the Case

Phillips S. Davis for the plaintiffs.

Robert J. Martin, Town Counsel, for the town of Holden.

Charles A. Abdella, Assistant City Solicitor, for the city of Worcester.

William A. Schroeder, Assistant Attorney General, for the Division of Water Pollution Control & another.

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


QUIRICO, J.

The plaintiffs, who are engaged in residential development in the towns of Holden and Rutland, seek injunctive and declaratory relief, as well as damages, for certain acts and omissions of the defendants resulting in the plaintiffs' inability to make sewer connections between their house lots and the municipal sewage disposal system.

The plaintiffs allege that, because they have not been granted authority to connect their lots to the sewer system...

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