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LOMBERTO v. FRANKLIN

No. 88-P-473.

27 Mass. App. Ct. 797 (1989)

543 N.E.2d 1157

ROGER P. LOMBERTO vs. TOWN OF FRANKLIN.

Appeals Court of Massachusetts, Norfolk.

September 25, 1989.

Attorney(s) appearing for the Case

Frank J. Weiner for the plaintiff.

John W. Giorgio for the defendant.

Present: PERRETTA, KAPLAN, & KASS, JJ.

PERRETTA, J.

Prior to 1988, the town of Franklin did not provide curbside rubbish collection as a municipal service for its inhabitants. Lomberto, the holder of a common carrier certificate and a rubbish removal permit, issued to him by the Massachusetts Department of Public Utilities (DPU) and the local board of health under G.L.c. 159B, § 3, and G.L.c. 111, § 31A, respectively, engaged in a trash removal business in Franklin. In 1987, the town enacted...

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