Massachusetts Appeals Court July 23, 1997, No. 95-P-1793 (Morton v. Town of Hanover)

Jacobs, J.

Claiming that the defendants levied illegal surcharges on their use of town water beginning in August, 1989, the plaintiffs sought declaratory and injunctive relief in the Superior Court in 1991, to set aside the imposition and collection of those charges. They subsequently added to their complaint a count requesting conversion to a class action under G. L. c.