Keyword Search: Sovereign Immunity
SJC-10721: TOWN OF BOXFORD vs. MASSACHUSETTS HIGHWAY DEPARTMENT & others
Argument: October 2010
Keywords: Environmental Law - Local Government - Mandamus - Sovereign Immunity
Question Presented: Whether the Town of Boxford may sue to enjoin the Mass. Department of Transportation from operating a road salt storage facility.
Facts: The Mass. Department of Transportation (“DOT”) maintains a road salt storage facility in the Town of Boxford, which it uses to de-ice major highways. Salt has contaminated the groundwater near …
SJC-10672: JOHN N. MORRISSEY, TRUSTEE vs. NEW ENGLAND DEACONESS ASSOC. & others
Argument: September 2010
Keywords: Public Employees - Sovereign Immunity - Torts
Question Presented: Whether claims of private nuisance against public employers are subject to the limitations of the Mass. Tort Claims Act.
Facts: The defendant Mass. Department of Transportation (“MassDOT”) granted permits for certain private parties to modify a state highway next to the plaintiff’s property, as part of a construction project …
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