FLUHARTY v. BOARD OF SELECTMEN OF HARDWICK


382 Mass. 14 (1980)

409 N.E.2d 1303

LORRAINE FLUHARTY & others vs. BOARD OF SELECTMEN OF HARDWICK & OTHERS (and two companion cases).

Supreme Judicial Court of Massachusetts, Worcester.

December 1, 1980.


Attorney(s) appearing for the Case

Francis J. Cranston, Town Counsel, for the Board of Selectmen of Hardwick & others.

Vincent Pusateri for Lorraine Fluharty & others.

Charles B. Swartwood, III, for F. Frederick McCarthy & others.

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


BRAUCHER, J.

The main issue presented by these appeals is whether the board of sewer commissioners of a town has authority under G.L.c. 83, § 10, to require a property owner to connect a building to a common sewer. A judge of the Superior Court ruled that G.L.c. 83, § 11, gives that power to the local board of health, and that the board of sewer commissioners does not have the same power. He also ordered the town...

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