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INDEPENDENCE PARK v. BOARD OF HEALTH OF BARNSTABLE

403 Mass. 477 (1988)

530 N.E.2d 1235

INDEPENDENCE PARK, INC. vs. BOARD OF HEALTH OF BARNSTABLE & another (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

December 7, 1988.

Attorney(s) appearing for the Case

Michael D. Ford (Michael Murphy with him) for the plaintiff.

John H. Henn (Robert D. Smith, Town Counsel, with him) for the Board of Health of Barnstable & another.

James M. Shannon, Attorney General, & James R. Milkey, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Janet McGowan, for Conservation Law Foundation of New England, Inc., amicus curiae, submitted a brief.

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

NOLAN, J.

The plaintiff, Independence Park, Inc. (Park), a developer, appeals from judgments of the Superior Court dismissing its actions against the defendants. Park's complaints charged that the defendant Barnstable board of health had violated G.L.c. 111, § 127P, a so-called grandfathering statute, in recommending that Park construct connectors to the public sewers in its proposed subdivisions. The defendants moved to dismiss the complaints under Mass. R....

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