BROOKS v. BOSTON


334 Mass. 285 (1956)

135 N.E.2d 13

LESTER BROOKS & others vs. CITY OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 6, 1956.


Attorney(s) appearing for the Case

Lenahan O'Connell, for the petitioners, submitted a brief.

William L. Baxter, Corporation Counsel, & William A. McDermott, Assistant Corporation Counsel, for the respondent, submitted a brief.

Joseph Kruger, (Sydney Berkman with him,) for the intervener.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


RONAN, J.

This is an appeal from a final decree dismissing a bill in equity brought by eleven taxpayers under G.L. (Ter. Ed.) c. 214, § 3 (11), to compel the respondent city to continue to maintain the parcel of land known as Joyce Kilmer Park and to prevent its sale to the Hebrew Home for Aged.

The land in question was taken on October 22, 1894, by the board of park commissioners by virtue of St. 1875, c. 185...

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