Legal Opinion
Independence Park, Inc. v. Board of Health
Massachusetts Supreme Judicial Court
Decided December 7, 1988PublishedCited by 15 opinions
1Opinion of the CourtNolan, J.
The plaintiff, Independence Park, Inc. (Park), a developer, appeals from judgments of the Superior Court dismissing its actions against the defendants. Park’s complaints charged that the defendant Barnstable board of health had violated G. L. c. 111, § 127P, a so-called grandfathering statute, in recommending that Park construct connectors to the public sewers in its proposed subdivisions. The defendants moved to dismiss the complaints under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). The motions were allowed in the Superior Court. The Appeals Court reversed. 25 Mass. App. Ct. 489…
2Cases cited11 opinions
- Nader v. CitronMassachusetts Supreme Judicial Court · 1977
- Borden, Inc. v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1983
- Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Supreme Judicial Court · 1981
- Mailhot v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1978
- Rettig v. Planning Board of RowleyMassachusetts Supreme Judicial Court · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harvard Law School Coalition for Civil Rights v. President & Fellows of Harvard CollegeMassachusetts Supreme Judicial Court · 1992
- Windross v. Village Automotive Group, Inc.Massachusetts Appeals Court · 2008
- C.M. v. P.R.Massachusetts Supreme Judicial Court · 1995
- Massachusetts Broken Stone Co. v. Planning BoardMassachusetts Appeals Court · 1998
- American Lithuanian Naturalization Club, Athol, Mass., Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2006
10 more not listed; retrieve them via the Exa API.