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SEIDEMAN v. CITY OF NEWTON

452 Mass. 472 (2008)

JEFFREY SEIDEMAN & others v. CITY OF NEWTON.

Supreme Judicial Court of Massachusetts, Middlesex.

October 24, 2008.

Attorney(s) appearing for the Case

Donnalyn B. Lynch Kahn, Associate City Solicitor (Daniel Funk, City Solicitor, with her) for the defendant.

Guive Mirfendereski for the plaintiffs.

Stephen D. Anderson, Kevin D. Batt, & Nina Pickering, for town of Acton, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

SPINA, J.

On May 25, 2006, ten taxpayers (taxpayers) of the city of Newton (Newton) commenced this action for declaratory and injunctive relief in the Superior Court, challenging the legality of Newton's appropriation of $765,825 in funds pursuant to the Massachusetts Community Preservation Act (CPA), G. L. c. 44B, for various projects at Stearns Park and Pellegrini Park (collectively, the parks).2

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