Fluharty v. Board of Selectmen

The main issue presented by these appeals is whether the board of sewer commissioners of a town has authority under G. L. c. 83, § 10, to require a property owner to connect a building to a common sewer. A judge of the Superior Court ruled that G. L. c. 83, § 11, gives that power to the local board of health, and that the board of sewer commissioners does not have the same power. He also ordered the town clerk to transmit to the Attorney General as a “by-law” subject to G. L. c. 40, § 32, a vote of the town meeting on the subject of sewer connections. We affirm the judgments entered in the…