1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge

(dissenting, with whom O’Connor, J., joins). The court’s decision to reverse the judgment is based on an issue of statutory interpretation that was never raised by the plaintiff (and, hence, not responded to by the defendants) in the administrative proceeding or at trial, and that is not *666discussed by either party in the briefs submitted to us. It is unusual for us to allow an issue to be raised for the first time on appeal. See Mass. R. A. P. 16 (a) (4), as amended, 367 Mass. 921 (1975); Milton v. Civil Serv. Comm’n, 365 Mass. 368, 379 (1974). It is still more uncommon for us to decide a case…