Town of Wayland v. Attorney General of Commonwealth

Krupp, Peter B., J.

This case arises out of the adoption of a bylaw by the Town of Wayland (“the Town”) requiring a municipal determination that a utility is in compliance with state and federal law before the utility may apply pesticides or herbicides within a right of way in the Town. After the Attorney General concluded that the Pesticide Control Act, G.L.c. 132B, preempts the bylaw, the Town filed this action for certiorari. The Town now moves for judgment on the pleadings. For the following reasons, the Town’s motion is DENIED.

BACKGROUND

Utility companies need to control the growth of…