O'MALLEY v. Commissioner of Public Works of Boston

The plaintiffs seek declaratory relief concerning their right as tenants in common of land (the locus) in Boston (the city) to determine (a) whether the defendant commissioner (the commissioner) may lawfully exact any fee for permitting connections with certain sewers maintained by the city; (b) the validity, applicability, and construction of certain city ordinances; (c) whether the city has a sewer easement in the locus; and (d) the effect upon the imposition of certain fees of two orders of taking by the board of street commissioners of Boston. The commissioner, the city and each plaintiff…