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WALTHAM TELE-COMMUNICATIONS v. O'BRIEN

403 Mass. 747 (1989)

532 N.E.2d 656

WALTHAM TELE-COMMUNICATIONS & others vs. JAMES J. O'BRIEN & another, trustees (and two companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

January 9, 1989.

Attorney(s) appearing for the Case

Suzanne E. Durrell, Assistant Attorney General, for the interveners.

Michael P. Angelini for Greater Worcester Cablevision, Inc.

Walter H. Mayo, III, for Waltham Tele-Communications, was present but did not argue.

Stephen Wald (Martin P. Desmery with him) for James J. O'Brien & others.

Christine S. Vertefeuille of Connecticut (Andrew R. Lubin of Connecticut & Joanne E. Romanow with her) for Lincoln Street Realty Company & others.

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

LIACOS, J.

The plaintiffs Greater Worcester Cablevision, Inc. and Waltham Tele-Communications (cable operators) brought complaints, which were consolidated in the Superior Court, seeking declaratory judgments as to their right of access to privately owned properties. The cable operators seek access in order to install cable television facilities for residents living in multiple-dwelling units located in buildings in Waltham, Worcester, and Westborough. The cable operators...

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