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O'MALLEY v. PUBLIC IMPROVEMENT COMMISSION OF BOSTON

342 Mass. 624 (1961)

174 N.E.2d 668

CHARLES J. O'MALLEY vs. PUBLIC IMPROVEMENT COMMISSION OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1961.

Attorney(s) appearing for the Case

James M. McDonough, for the petitioner.

William H. Kerr, for the respondent.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

This is an appeal from the trial judge's dismissal of a petition for a writ of certiorari to quash two assessment orders of the commission. The orders, dated April 13, 1960, assessed sewer betterments on fifteen of the parcels of land discussed in O'Malley v. Commissioner of Pub. Works, 340 Mass. 542, and related to the same sewers. We do not restate the facts set out in the earlier opinion.

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