BURNES v. METROPOLITAN DISTRICT COMMISSION


325 Mass. 731 (1950)

92 N.E.2d 381

JACOB M. BURNES & others vs. METROPOLITAN DISTRICT COMMISSION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 1950.


Attorney(s) appearing for the Case

R. Wait, (W.N. Kernan with him,) for the plaintiffs.

W.S. Kinney, Assistant Attorney General, for the Metropolitan District Commission.

A. Julian, for The Wes Julian Construction Corporation.

J.W. Kelleher, Assistant Corporation Counsel, for city of Boston.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & COUNIHAN, JJ.


WILKINS, J.

This bill in equity by inhabitants and voters of the city of Boston, twelve in number,1 against the metropolitan district commission, The Wes Julian Construction Corporation, and the city of Boston, prays that "the court declare that it is unlawful" that certain park land be used for a public way until the consent of the inhabitants of the city has been obtained and, in the meantime...

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