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SILVA v. CITY OF FALL RIVER

No. 02-P-166.

59 Mass. App. Ct. 798 (2003)

PAUL F. SILVA v. CITY OF FALL RIVER & another.

Appeals Court of Massachusetts, Bristol.

November 4, 2003.

Attorney(s) appearing for the Case

Martin A. Silva for the plaintiff.

Thomas F. McGuire, Jr., for the defendants, submitted a brief.

Present: BROWN, LENK, & CYPHER, JJ.

CYPHER, J.

Paul F. Silva, a licensed funeral director, filed a complaint under G. L. c. 231A against the city of Fall River and its board of health (collectively, Fall River) alleging that the twenty-dollar burial permit fee charged by Fall River is an illegal tax and seeking declaratory judgment, injunctive relief, and damages. The parties filed cross motions for summary judgment and a Superior Court judge entered judgment in favor of Fall River, concluding that...

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