Moore v. City of Brockton

The defendant, City of Brockton, seeks relief under Dist./Mun. Cts. R A D. A, Rule 8C, from a trial court’s findings and ultimate judgment against it for damages assessed for excessive water use charges on the basis that the abatement procedures contained in G.L.c. 59, §§59-74 are a prerequisite to initiating an action in the District Court to recover for alleged overpayments of water and sewer charges. After the plaintiffs brought their action seeking to recover overpayments for water supplied by the City of Brockton, the defendant filed a motion to dismiss the complaint for lack of subject…