Lomberto v. Town of Franklin

Prior to 1988, the town of Franklin did not provide curbside rubbish collection as a municipal service for its inhabitants. Lomberto, the holder of a common carrier certificate and a rubbish removal permit, issued to him by the Massachusetts Department of Public Utilities (DPU) and the local board of health under G. L. c. 159B, § 3, and G. L. c. 111, § 31A, respectively, engaged in a trash removal business in Franklin. In 1987, the town enacted a by-law, art. 87-120, which allows only persons under contract with the town to collect rubbish from residential buildings containing fewer than…