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MASSACHUSETTS BAY TRANSPORTATION AUTHORITY v. CITY OF SOMERVILLE.

451 Mass. 80 (2008)

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & others vs. CITY OF SOMERVILLE & another (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 2008.

Attorney(s) appearing for the Case

David P. Shapiro, Assistant City Solicitor, for city of Somerville.

David R. Lucas for city of Melrose.

Brian A. Davis (Jean-Paul Jaillet with him) for Massachusetts Bay Transportation Authority.

Iraida J. Alvarez, Assistant Attorney General, for Outdoor Advertising Board.

George A. Berman, for Clear Channel Outdoor, Inc., was present but did not argue.

Present: GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

SPINA, J.

In these consolidated cases, we consider whether the cities of Melrose and Somerville (cities) may regulate through their zoning ordinances billboards and signs for commercial advertising in and on the facilities of the Massachusetts Bay Transit Authority (MBTA). The MBTA filed an action in the Superior Court in Suffolk County seeking a judgment declaring that the MBTA's commercial advertising in and on its facilities is immune from local zoning regulation...

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