Legal Opinion

Epstein v. Executive Secretary

Massachusetts Appeals Court

Decided April 23, 1986PublishedCited by 6 opinions

1Opinion of the CourtKass, J.

We hold that persons who seek to recover overpay-ments for water supplied by a municipality are not limited to seeking relief from the Appellate Tax Board.

For successive years Esther and Eliot Epstein received water bills from the town of Sharon which reflected mysteriously escalating consumption of water in their home at 45 Eisenhower Drive. Their bill for the first six months of 1984 charged them for 117,000 gallons, an average daily use of 650 gallons. It is not disputed that this was six times the national average. The Epsteins nonetheless timely paid all their water bills. They also…

2Cases cited6 opinions

  1. Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
  2. Litton Business Systems, Inc. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1981
  3. Serody v. SerodyMassachusetts Appeals Court · 1985
  4. Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
  5. Travis v. McDonaldMassachusetts Supreme Judicial Court · 1986

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3Cited by6 opinions

  1. Franchi v. StellaMassachusetts Appeals Court · 1997
  2. Forster v. Town of BelmontMassachusetts District Court, Appellate Division · 2008
  3. Moore v. City of BrocktonMassachusetts District Court, Appellate Division · 2003
  4. Flatley v. City of MaldenMassachusetts Superior Court · 1994
  5. Knott v. Town of NorthbridgeMassachusetts District Court, Appellate Division · 2005

1 more not listed; retrieve them via the Exa API.

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