BROWNING-FERRIS INDUSTRIES, INC. v. SWANSEA

No. 95-P-824.

41 Mass. App. Ct. 383 (1996)

BROWNING-FERRIS INDUSTRIES, INC. v. TOWN OF SWANSEA.

Court of Appeals of Massachusetts, Suffolk.

September 26, 1996.


Attorney(s) appearing for the Case

Mark W. Batten for the plaintiff.

Gerald E. Johnson for the defendant.

Present: BROWN, PERRETTA, & GREENBERG, JJ.


BROWN, J.

We are asked to decide whether the lack of a sufficient appropriation by a town bars recovery of money due on multi-year contracts, in writing, for constantly recurring duties, if the town initially appropriated funds to pay for the services to be provided. When, as here, the multi-year contract is for a constantly recurring basic municipal function, we think the answer is no.

For solid waste collection and disposal services provided the defendant...

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