EMERSON COLLEGE v. BOSTON


391 Mass. 415 (1984)

462 N.E.2d 1098

EMERSON COLLEGE vs. CITY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 1984.


Attorney(s) appearing for the Case

Howard P. Speicher, Assistant Corporation Counsel, for the defendants.

Stuart DeBard for the plaintiff.

Lane McGovern & David J. Kerman, for Association of Independent Colleges and Universities in Massachusetts, amicus curiae, submitted a brief.

Wayne S. Henderson & Jean M. DeLuca, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., ABRAMS, LYNCH, & O'CONNOR, JJ.


ABRAMS, J.

In 1982, the Legislature conferred authority on the city of Boston to impose a charge for fire protection against the owners of certain buildings that "by reason of their size, type of construction, use and other relevant factors ... require[] the city to employ additional firefighters, deploy additional equipment and purchase equipment different in kind from that required to provide fire protection for the majority...

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