Boston Gas Co. v. City of Newton

Plaintiff, Boston Gas Company (“Boston Gas”), brought this action seeking a declaration that the City of Newton’s Ordinance No. T-161 is preempted by and inconsistent with state law, and therefore invalid. Boston Gas also sought a declaration that Ordinance No. T-161 constitutes an improper tax. On June 30, 1994, this court granted summary judgment for the City of Newton and declared that Ordinance No. T-161 was not preempted by or inconsistent with state law. The court further declared that Ordinance No. T-161 constitutes a fee rather than a tax. Boston Gas now moves the court for…