Rose v. Commissioner of Public Health
Massachusetts Supreme Judicial Court
1Opinion of the CourtCutter, J.
In the first case, Rose and other abutters (the abutters) sought review (G. L. c. 30A) 2 in the Superior Court of a decision of the Department of Public Health (the department) approving the assignment by the city board of health of land (the locus) as a sanitary landfill dump. The abutters now appeal from the Superior Court decree affirming the department’s decision.
In the second case, the city board of health appealed (G. L. c. 40A, § 21) from a decision of the Northampton board of appeals denying a permit to operate a dump on the locus. Calduwood Enterprises (Calduwood), the pro posed…
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