Boston Edison Co. v. Town of Bedford

We consider in this case whether a town may adopt a bylaw that imposes fines on the owner of an existing *776utility pole for failing to remove the pole within the time provided by G. L. c. 164, § 34B, following installation of a replacement pole. A judge in the Superior Court concluded that the bylaw is preempted by G. L. c. 164, § 34B, and granted summary judgment in favor of the pole owners. He declared the bylaw invalid because its adoption exceeded the town’s legislative authority pursuant to § 6 of art. 89 of the Amendments to the Massachusetts Constitution (home rule amendment).3 The town…