TOWN OF BROOKLINE & others
vs.
MEDICAL AREA SERVICE CORPORATION & others.
Appeals Court of Massachusetts, Suffolk.https://leagle.com/images/logo.png
May 23, 1979.
August 13, 1979.
Attorney(s) appearing for the Case
David Lee Turner & Isaac H. Braddock for the town of Brookline & others.
Thomas Miller, Assistant Attorney General, for the Department of Public Health & another.
Robert W. Meserve (Verne W. Vance, Jr., with him) for the Medical Area Service Corporation & others.
Present: GOODMAN, ROSE, & GREANEY, JJ.
Appeals Court of Massachusetts, Suffolk.
GREANEY, J.
By statute,3 a substantial capital expenditure cannot be made for the construction of any part of a health care facility without a prior administrative determination by the Department of Public Health (department) that there is a need for the facility. The Medical Area Total Energy Plant, Inc., an urban renewal corporation formed pursuant to G.L.c. 121A, is in the process of constructing a total energy plant (plant or project...
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