TOWN OF BOXFORD v. MASSACHUSETTS HIGHWAY DEPARTMENT

SJC-10721.

458 Mass. 596 (2010)

TOWN OF BOXFORD v. MASSACHUSETTS HIGHWAY DEPARTMENT & another (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

December 28, 2010.


Attorney(s) appearing for the Case

Katherine A. Watras , Assistant Attorney General, for Massachusetts Highway Department & another.

Gregg J. Corbo for town of Boxford.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, BOTSFORD, & GANTS, JJ.


BOTSFORD, J.

We consider here the Commonwealth's interlocutory appeal, brought under the doctrine of present execution, from the denial of its motion to dismiss. The principal issue raised is the scope of a town's authority to regulate the operations of a State agency, and in particular a town's ability to seek judicial enforcement of its regulatory determination vis-à-vis the agency. The case concerns a conflict between the town of Boxford (town) and the Massachusetts...

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