Abbott v. Board of Water & Sewer Commissioners

In this action in the nature of mandamus pursuant to G. L. c. 249, § 5, the plaintiffs seek to compel the defendant board to issue sewer connection permits for thirteen lots within a subdivision owned by them. Acting on cross motions for summary judgment, a Superior Court judge ruled in favor of the board. We affirm that judgment.

The summary judgment record establishes the following undisputed facts: The plaintiffs are owners of an approved subdivision in Hopkinton known as Elmwood Farms III. Each of the thirteen lots in question is adjacent to a way within the subdivision known as Blueberry…