Legal Opinion

Kent v. Board of Health

Massachusetts Appeals Court

Decided March 15, 1974Published

1Opinion of the Court

This is a bill under G. L. c. 231A seeking a declaration that §§ 5 and 6 of the rules and regulations of the board of health of the town of Milton concerning the municipal disposal area are invalid as applied to the plaintiffs. The defendants’ demurrer to the bill was sustained. The only issue for our determination is whether the demurrer was properly sustained on either of the assigned grounds that “. . . [1 ]. The . . . [bill] fails to state concisely and with substantial certainty the facts necessary to entitle the . . . [plaintiffs] to any relief against the . . . [defendants], [2], The .…

2Cases cited3 opinions

  1. Mobil Oil Corp. v. Attorney GeneralMassachusetts Supreme Judicial Court · 1972
  2. South Shore National Bank v. Board of Bank IncorporationMassachusetts Supreme Judicial Court · 1966
  3. Pistorino & Co. v. Style Leather Co.Massachusetts Supreme Judicial Court · 1972

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