Legal Opinion
Town of Boxford v. Massachusetts Highway Department
Massachusetts Supreme Judicial Court
Decided December 28, 2010PublishedCited by 24 opinions
1Opinion of the CourtBotsford, J.
We consider here the Commonwealth’s interlocutory appeal, brought under the doctrine of present execution, from the denial of its motion to dismiss. The principal issue raised is the scope of a town’s authority to regulate the operations of a State agency, and in particular a town’s ability to seek judicial enforcement of its regulatory determination vis-a-vis the agency. The case concerns a conflict between the town of Boxford (town) and the Massachusetts Highway Department (highway department) arising from the highway department’s operation of a salt storage facility (facility, or salt…
2Cases cited21 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Brum v. Town of DartmouthMassachusetts Supreme Judicial Court · 1999
- Kent v. CommonwealthMassachusetts Supreme Judicial Court · 2002
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 2012
- Irwin v. CommonwealthMassachusetts Supreme Judicial Court · 2013
- Marcus v. City of NewtonMassachusetts Supreme Judicial Court · 2012
- Porio v. Department of RevenueMassachusetts Appeals Court · 2011
- Ten Persons of the Commonwealth v. Fellsway Development LLCMassachusetts Supreme Judicial Court · 2011
19 more not listed; retrieve them via the Exa API.