ROSENFELD v. BOARD OF HEALTH OF CHILMARK

No. 88-P-931.

27 Mass. App. Ct. 621 (1989)

541 N.E.2d 375

MICHAEL ROSENFELD & another vs. BOARD OF HEALTH OF CHILMARK.

Appeals Court of Massachusetts, Middlesex.

July 26, 1989.


Attorney(s) appearing for the Case

Richard A. Johnston for the plaintiffs.

Thomas B. Bracken for the defendant.

Present: GREANEY, C.J., DREBEN, & WARNER, JJ.


DREBEN, J.

The plaintiffs, buyer and seller under a purchase and sale agreement of a parcel of oceanfront land on Martha's Vineyard, were denied a sewage disposal permit by the board of health of Chilmark (board). More than a year later, the plaintiffs filed a complaint seeking, among other things, declaratory relief and alleging constitutional violations by the board. The board moved to dismiss the complaint on...

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