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BOSTON WATER & SEWER COMMISSION v. COMMONWEALTH

No. 04-P-534.

64 Mass. App. Ct. 611 (2005)

BOSTON WATER & SEWER COMMISSION v. COMMONWEALTH & another.

Appeals Court of Massachusetts, Suffolk.

September 28, 2005.

Attorney(s) appearing for the Case

James D. Masterman (Henry C. Luthin with him) for the plaintiff.

John E. Bowen, Assistant Attorney General (Lawrence T. Bench with him) for the defendants.

Present: Gelinas, Brown, & Duffly, JJ.

GELINAS, J.

In this appeal we consider whether the doctrine set out in Spence v. Boston Edison Co., 390 Mass. 604, 610 (1983) — that agencies created by the Commonwealth may not challenge the constitutionality of the acts of another of the Commonwealth's agencies — is applicable to the claims of the Boston Water and Sewer Commission (Commission) against...

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