General Chemical Corporation v. Town of Framingham

Defeated a preliminary injunction request of General Chemical Corporation preventing the Town from enforcing its fire protection regulations and orders. After review of lengthy submissions and affidavits, and after hearing oral arguments, the Superior Court denied General Chemical’s motion for a preliminary injunction on July 29, 2004, finding that General Chemical had failed to demonstrate a likelihood of success on the merits. This decision was an important vindication of the power of the fire chief under local and state law to enforce applicable public safety and police power regulations notwithstanding the existence of formidable federal interstate commerce principles and claims arising under federal regulations issued by the Department of Transportation. The case was dismissed without prejudice at the request of General Chemical in January, 2005.