CLEAN HARBORS OF BRAINTREE, INC. v. BD. OF BRAINTREE


415 Mass. 876 (1993)

616 N.E.2d 78

CLEAN HARBORS OF BRAINTREE, INC. vs. BOARD OF HEALTH OF BRAINTREE.

Supreme Judicial Court of Massachusetts, Norfolk.

July 19, 1993.


Attorney(s) appearing for the Case

Bruce A. Singal for the defendant.

Francis S. Wright for the plaintiff.

Scott Harshbarger, Attorney General, & Peter Sacks, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

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


LYNCH, J.

The board of health of Braintree (board) appeals from an order of a judge in the Superior Court granting Clean Harbors of Braintree, Inc. (Clean Harbors), relief from a judgment ordered by this court and entry of a new judgment in Clean Harbors' favor. We granted the board's application for direct appellate review and we now affirm.

Clean Harbors commenced this litigation in 1987, seeking a declaration that it was not required to obtain a site assignment...

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