Abbott v. Wright

Plaintiffs William F. Abbott and Rose G. Abbott (the “Abbotts”) commenced this action in the nature of mandamus against defendant Board of Water and Sewer Commissioners for the Town of Hopkinton (the “Board”) pursuant to G.L.c. 249, §5. The Abbotts seek to compel the Board to issue sewer connection permits to thirteen lots within a subdivision they own. The parties have both moved for summary judgment. For the reasons discussed below, summary judgment is granted in favor of the defendant Board.

*449BACKGROUND

The record in this case includes the following undisputed facts. The plaintiffs are owners…