Board of Health of North Adams v. Mayor of North Adams

*556Kaplan, J.

The board of health of North Adams (board) sought by the present action to require the mayor and city council of North Adams to make available funds to study, and later to accomplish, the fluoridation of the city’s water supply in accordance with the board’s order issued on the recommendation of the State Department of Public Health. On a bill for declaratory relief, the case was submitted to the Superior Court as a case stated, and the board prevailed. At the same time the Superior Court dismissed the board’s companion bill in equity, on the same case stated, as being unnecessary.…