Atkinson v. Town of Ipswich

As presented in the briefs and oral argument of the parties, the controversy is about whether the town manager or the fire chief is top dog of the Ipswich fire department.2 Sixteen inhabitants of the town who identify themselves as firemen or call firemen3 filed a complaint asking a declaration under G. L. c. 231 A, § 1, that the fire department is under the control of the fire chief pursuant to G. L. c. 48, § 42, the “strong” fire chief law. See Labor Relations *664Commn. v. Natick, 369 Mass. 431, 432 (1976). A judge of the Superior Court, who heard the matter on the town’s motion for summary…