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BERTONE v. DEPARTMENT OF PUBLIC UTILITIES

411 Mass. 536 (1992)

583 N.E.2d 829

MARIO BERTONE & another vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1992.

Attorney(s) appearing for the Case

David A. Kellem for the plaintiff.

Eric A. Smith, Assistant Attorney General, for Department of Public Utilities.

Jeffrey M. Bernstein (Kenneth L. Kimmell with him) for Hull Municipal Lighting Plant, intervener.

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

GREANEY, J.

Mario Bertone and Joan Bertone (Bertones) appeal from an order of the Department of Public Utilities (department) granting summary judgment to the Hull Municipal Lighting Plant (HMLP), and denying their request as interveners for summary judgment. The department's order was entered in connection with a petition by HMLP to determine the validity of its contribution-in-aid-of-construction (hook-up charge) provisions which were applied to collect a charge...

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