SHAPIRO v. CITY OF WORCESTER

SJC-11118, SJC-11119.

464 Mass. 261 (2013)

WILLIAM SHAPIRO & another v. CITY OF WORCESTER. HENRY GREENBERG v. CITY OF WORCESTER.

Supreme Judicial Court of Massachusetts, Worcester.

January 30, 2013.


Attorney(s) appearing for the Case

Wendy L. Quinn , Assistant City Solicitor, for city of Worcester.

John R. Maciolek for William Shapiro & others.

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


CORDY, J.

In this consolidated appeal, we review two cases, one brought by William and Sherry Shapiro and the other by Henry Greenberg (collectively, plaintiffs), against the defendant, the city of Worcester (city). In their respective actions, which each commenced in the Superior Court in 2008, the plaintiffs allege that the city is liable to them for nuisance, continuing nuisance, and continuing trespass, arising from the discharge of effluent from the city's sewer...

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