Boston Water & Sewer Commission v. Metropolitan District Commission

In these consolidated cases we are asked to resolve the relationship between the Boston Water and Sewer' Reorganization Act of 1977 (St. 1977, c. 436) and G. L. c. 59, § 20A (1988 ed.). At issue is whether the Boston Water and Sewer Commission (BWSC) is entitled to the protection of c. 59, § 20A, 2 with respect to assessments imposed upon it for sewerage services provided by the Metropolitan District Commission (MDC). 3

After a hearing, a Superior Court judge allowed the defendants’ motion for summary judgment on December 21, 1988. The plaintiff, BWSC, seasonably appealed to the Appeals Court…