Town of Wilmington v. Department of Public Utilities

Under G. L. c. 25, § 5, the town of Wilmington filed a petition for appeal in the county court seeking a review of a decision of the department of public utilities on a petition of the Boston and Maine Railroad (hereinafter called the railroad) for the discontinuance of certain passenger stations and passenger service. The department and the railroad demurred on the ground that the town had no stand ing under § 5 to obtain a review of the department’s decision. ■ No question touching the merits is involved. A single justice of this court reported the question without- decision. The case comes…