BOSTON GAS CO. v. SOMERVILLE


420 Mass. 702 (1995)

BOSTON GAS COMPANY vs. CITY OF SOMERVILLE.

Supreme Judicial Court of Massachusetts, Suffolk.

June 28, 1995.


Attorney(s) appearing for the Case

Steven W. Phillips for the plaintiff.

Charles F. Haverty, III, Assistant City Solicitor, for the defendant.

The following submitted briefs for amici curiae:

Scott Harshbarger, Attorney General, Edmund J. Sullivan, Assistant Attorney General, & Dorian C. Mead, for Department of Public Utilities.

Patrick W. Hanifin & Stephen S. Ostrach, for New England Legal Foundation.

Paul K. Connolly, Jr., & Eileen M. Fava, for Massachusetts Natural Gas Council.

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


LYNCH, J.

The plaintiff's complaint for declaratory relief pursuant to G.L.c. 231A (1992 ed.), challenges the constitutionality of § 12-20 of the Somerville Code of Ordinances (ordinance).1 After a judge in the Superior Court denied the plaintiff's request for a preliminary injunction prohibiting enforcement of the ordinance, the parties filed cross motions for summary judgment. The judge...

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