Boston Water & Sewer Commission v. Commonwealth

In this appeal we consider whether the doctrine set out in Spence v. Boston Edison Co., 390 Mass. 604, 610 (1983) — that agencies created by the Commonwealth may not challenge the constitutionality of the acts of another of the Commonwealth’s agencies — is applicable to the claims of the *612Boston Water and Sewer Commission (Commission) against the University of Massachusetts (University), or whether any of the claims fall within a proprietary exception and are appropriately subject to the plaintiff’s challenges. Pursuant to Mass.R.Civ.P. 12(c), 365 Mass. 754 (1974), a Superior Court judge…