WATERMAN v. CITY COUNCIL OF GLOUCESTER


338 Mass. 284 (1959)

154 N.E.2d 898

JAMES H. WATERMAN & another vs. CITY COUNCIL OF GLOUCESTER.

Supreme Judicial Court of Massachusetts, Essex.

January 8, 1959.


Attorney(s) appearing for the Case

Richard J. McLaughlin, for the petitioners.

Melvin I. Bernstein, (James H. Bagshaw, City Solicitor, with him,) for the respondent.

Present: WILKINS, C.J., RONAN, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


RONAN, J.

This is a petition for a writ of certiorari to quash the taking of land for a public playground on November 7, 1957, by the city council of Gloucester, a single legislative body of nine members created by G.L.c. 43, §§ 93-116, Plan E form of municipal charter. Six of the respondents filed a joint return. The respondents also filed a demurrer. The petitioners filed a motion to strike out the return as not signed by the full membership which was...

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