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COONAMESSETT INN v. CHIEF OF THE FALMOUTH FIRE

16 Mass. App. Ct. 632 (1983)

454 N.E.2d 914

COONAMESSETT INN & others vs. CHIEF OF THE FALMOUTH FIRE DEPARTMENT; BOARD OF FIRE PREVENTION REGULATIONS, intervener.

Appeals Court of Massachusetts, Barnstable.

September 23, 1983.

Attorney(s) appearing for the Case

Robert J. Muldoon, Jr. (Paul R. Gupta with him) for the plaintiffs.

H. Reed Witherby, Assistant Attorney General, for the intervener.

Frank K. Duffy, Jr., Town Counsel, for the defendant.

Present: BROWN, ROSE, & DREBEN, JJ.

BROWN, J.

By this action in the Superior Court, the plaintiffs sought a declaration (1) that a local option statute (G.L.c. 148, § 26C) was not validly accepted by the town of Falmouth (town); (2) that the Board of Fire Prevention Regulations (Board) had no authority under G.L.c. 148, § 26C, to promulgate regulations for the installation, deployment, testing, maintenance and operation of smoke detectors; and (3) that the chief of the Falmouth Fire Department...

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