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BALLANTINE v. FALMOUTH

363 Mass. 760 (1973)

298 N.E.2d 695

HENRY THOMAS BALLANTINE, JR., & another vs. TOWN OF FALMOUTH & others.

Supreme Judicial Court of Massachusetts, Barnstable.

June 21, 1973.

Attorney(s) appearing for the Case

Andrew F. Lane for the plaintiffs.

Laurence S. Fordham (Peter W. Coogan with him) for Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

Francis W. Keating, Town Counsel, for the Town of Falmouth & another.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & WILKINS, JJ.

WILKINS, J.

This bill for declaratory relief seeks a determination of the validity of action taken by the board of selectmen of Falmouth pursuant to authorization purportedly granted by votes passed under arts. 1 and 2 of the warrant for a special town meeting held on April 2, 1969. At the heart of the controversy is the plaintiffs' challenge to the validity of the taking by the town of an abandoned railroad right of way...

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