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WENDELL v. ATTORNEY GENERAL

394 Mass. 518 (1985)

476 N.E.2d 585

TOWN OF WENDELL & another vs. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Franklin.

April 11, 1985.

Attorney(s) appearing for the Case

Judith Pickett for the town of Wendell.

Peter Shelley for Conservation Law Foundation of New England, Inc.

Duncan S. Payne for Western Massachusetts Electric Company & another (John F. Sherman, III, & Janis A. Callison for Massachusetts Electric Company & another, with him).

Francis S. Wright for Massachusetts Railroad Association.

Madeline Mirabito Becker, Assistant Attorney General, for the Attorney General.

Gregor I. McGregor, for Massachusetts Association of Conservation Commissions, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

The town of Wendell (town) commenced this action to challenge the Attorney General's disapproval under G.L.c. 40, § 32, of a by-law, adopted by the town at its 1981 annual town meeting, which purports to regulate the use of pesticides in the town for other than agricultural and domestic uses. The town sought an order directing the Attorney General to approve the by-law and determining that the by-law is valid. Subsequent to the Attorney General's...

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