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MARTORANO v. DEPARTMENT OF PUBLIC UTILITIES

401 Mass. 257 (1987)

516 N.E.2d 131

MICHAEL MARTORANO & others vs. DEPARTMENT OF PUBLIC UTILITIES & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 14, 1987.

Attorney(s) appearing for the Case

Steven Ferrey for the plaintiffs.

Thomas A. Barnico, Assistant Attorney General, for Department of Public Utilities.

Harold W. Potter, Jr., for Tennessee Gas Pipeline Company, intervener.

Virginia A. McCarthy & L. William Law, Jr., for Boston Gas Company, intervener, were present but did not argue.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, JJ.

LYNCH, J.

The Tennessee Gas Pipeline Company (Tennessee), a supplier of natural gas, petitioned the Department of Public Utilities (department) for an exemption under G.L.c. 40A, § 3 (1986 ed.), from local zoning regulations in order to permit Tennessee to construct a natural gas meter station in Acton. The department thereupon conducted a-public hearing to determine whether the zoning exemption should be allowed. At the hearing, the Boston Gas Company (Boston...

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