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GREATER LAWRENCE SANITARY DISTRICT v. TOWN OF NORTH ANDOVER

439 Mass. 16 (2003)

GREATER LAWRENCE SANITARY DISTRICT v. TOWN OF NORTH ANDOVER & others.

Supreme Judicial Court of Massachusetts, Essex.

March 20, 2003.

Attorney(s) appearing for the Case

Kenneth L. Kimmell (Elizabeth M. Heller with him) for Town of North Andover.

William H. DiAdamo for Greater Lawrence Sanitary District.

The following submitted briefs for amici curiae:

Thomas F. Reilly, Attorney General, & Kirsten H. Engel, Assistant Attorney General, for Department of Environmental Protection.

Thomas P. Crotty for Carver Marion Wareham Regional Refuse Disposal District.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

The plaintiff, Greater Lawrence Sanitary District (GLSD), and the defendants, the town of North Andover, its board of health, and its board of selectmen (town), appeal from a Superior Court judge's award of summary judgment ordering, inter alia, (1) that the town does not have authority to impose any conditions on GLSD's sludge treatment facilities; and (2) that a permanent injunction issue, restraining the town from interfering with or attempting to exert...

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