BERMANT v. BOARD OF SELECTMEN OF BELCHERTOWN


425 Mass. 400 (1997)

JULIE BERMANT & others v. BOARD OF SELECTMEN OF BELCHERTOWN & others.

Supreme Judicial Court of Massachusetts, Hampshire.

July 11, 1997.


Attorney(s) appearing for the Case

Michael Pill for the plaintiffs.

Joseph J. Wadland (Stephanie Lempp with him) for Walter Henry, Jr.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, & MARSHALL, JJ.


MARSHALL, J.

We are asked to consider whether a claim for declaratory relief, G. L. c. 231A, § 1, is available as an alternative to a civil action in the nature of certiorari, G. L. c. 249, § 4, to a party aggrieved by a discretionary decision of a local licensing authority. The defendant Walter Henry, Jr. (Henry), was issued a license by the defendant board of selectmen of Belchertown (board) for the underground storage of petroleum products on a parcel...

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