Number 17 July 31, 1975

Number 17 July 31, 1975 Mr. Thomas C. McMahon, Director Division of Water Pollution Control Leverett Saltonstall Building 100 Cambridge Street Boston, Massachusetts 02202 Dear Director McMahon: You have requested my opinion as to whether a city or town can require the issuance of building permits for the construction of water pollution control plants now being erected in various water districts throughout the Commonwealth. I have been informed that the factual situation which prompted your inquiry has become the subject of litigation. Perini Construc- tion Co. V. Foster, Middlesex Superior Court No. 751642, presents precisely the same issues as the issues presented in your opinion request. Since this matter is now the subject of litigation, it would be inappropriate for the Attorney General to render the opinion which you have requested. See 6 Op. Atty. Gen. 438(1922). Very truly yours, FRANCIS X. BELLOTTI Attorney General