AM. FRIENDS SERV. v. COMMR. OF DEPT. OF E.P.

No. 89-P-1424.

30 Mass. App. Ct. 457 (1991)

569 N.E.2d 833

AMERICAN FRIENDS SERVICE COMMITTEE OF WESTERN MASSACHUSETTS & others vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION & others.

Appeals Court of Massachusetts, Hampshire.

April 12, 1991.


Attorney(s) appearing for the Case

Cristobal Bonifaz for the plaintiffs.

Frederick D. Augenstern, Assistant Attorney General, for the Commissioner of the Department of Environmental Protection.

Alan Seewald, Assistant Town Counsel, for the board of health of Amherst.

Terence P. O'Malley, for the Chancellor of the University of Massachusetts.

Present: WARNER, C.J., SMITH, & PORADA, JJ.


SMITH, J.

On February 1, 1989, the American Friends Service Committee of Western Massachusetts (AFSC) and others (plaintiffs) appeared before the board of health of Amherst (board) pursuant to G.L.c. 111, § 143.3 They requested that the board review reports that the University of Massachusetts at Amherst (university) had been conducting biological warfare research. It was the plaintiffs...

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