W.R. GRACE & CO.-CONN. v. TOWN OF ACTON

No. 03-P-1320.

62 Mass. App. Ct. 462 (2004)

W.R. GRACE & CO.-CONN. v. TOWN OF ACTON.

Appeals Court of Massachusetts, Middlesex.

November 16, 2004.


Attorney(s) appearing for the Case

F. Alex Parra (Louis N. Levine with him) for the plaintiff.

Douglas H. Wilkins for the defendant.

Present: Cypher, Grasso, & Doerfer, JJ.


CYPHER, J.

The plaintiff, W.R. Grace & Co.-Conn. (Grace), owner of property in the town of Acton, appeals from the dismissal in the Superior Court of its complaint challenging Acton's imposition of an estimated sewer betterment assessment. That complaint, filed on May 23, 2001, sought injunctive relief and a declaration that the by-law under which Acton assessed the betterment charge is invalid. Acting on the parties' cross motions for summary judgment, the trial...

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