Legal Opinion

Murby v. Children's Hospital Corp.

Massachusetts Superior Court, Suffolk County

Decided December 5, 2016No. 1684CV01213BLS2Published

1Opinion of the Court

Salinger, Kenneth W., J.

Plaintiffs brought suit in an effort to stop Boston Children’s Hospital from erecting a new clinical building on the site of the Prouiy Garden, which they and many others value as a quiet sanctuary for Hospital patients and their families. In their amended complaint Plaintiffs allege that the Hospital illegally began site preparation and other construction work required for its proposed Boston Children’s Clinical Building (the “BCCB”) without first obtaining approval from the Department of Public Health (“DPH”) under the determination of need (“DoN”) law, G.L.c. 111,…

2Cases cited27 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
  3. Schaer v. Brandeis UniversityMassachusetts Supreme Judicial Court · 2000
  4. Grocery Manufacturers of America, Inc. v. Department of Public HealthMassachusetts Supreme Judicial Court · 1979
  5. Almeida Bus Lines, Inc. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1965

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