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WORCESTER SAND & GRAVEL v. BD. OF FIRE PREVENTION REG.

400 Mass. 464 (1987)

510 N.E.2d 267

WORCESTER SAND & GRAVEL COMPANY, INC., & another vs. BOARD OF FIRE PREVENTION REGULATIONS.

Supreme Judicial Court of Massachusetts, Worcester.

July 13, 1987.

Attorney(s) appearing for the Case

Roger J. Brunelle for the plaintiffs.

Suzanne E. Durrell, Assistant Attorney General (Stanley E. Adelman with her) for the defendant.

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

NOLAN, J.

Worcester Sand & Gravel Company, Inc. (Worcester Sand), brought an action for declaratory relief, seeking review of a regulation promulgated by the Board of Fire Prevention Regulations (board). The regulation imposed certain restraints on blasting conducted within a two and one-half mile radius of microelectronic manufacturing operations. 527 Code Mass. Regs. 13.11 (1)(e)(1984).2

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