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BAKER v. KERRIGAN

149 Conn. 596 (1962)

CARL BAKER ET AL. v. THOMAS F. KERRIGAN ET AL.

Supreme Court of Connecticut.

Decided July 5, 1962.

Attorney(s) appearing for the Case

Robert A. Slavitt, with whom was Abraham D. Slavitt, for the appellants (plaintiffs).

Warren W. Eginton, with whom were Edward R. McPherson, Jr., and, on the brief, Samuel V. Schoonmaker III, for the appellees (defendants).

BALDWIN, C. J., KING, MURPHY, SHEA and ALCORN, JS.

BALDWIN, C. J.

The plaintiffs are taxpayers of the town of Darien. They own land, residences and appurtenant structures included in, and in the neighborhood of, a site on which the town proposes to erect an elementary school. They seek by this action to restrain the town, the selectmen and the board of finance, who are the defendants, from proceeding with the acquisition of the site. The case was referred to a state referee, who made a report and finding essentially...

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