MITCHELL v. BOARD OF SELECTMEN OF SOUTH HADLEY


346 Mass. 158 (1963)

190 N.E.2d 681

EDWARD MITCHELL & others vs. BOARD OF SELECTMEN OF SOUTH HADLEY & others.

Supreme Judicial Court of Massachusetts, Hampshire.

May 31, 1963.


Attorney(s) appearing for the Case

H. Pare Ducharme for the petitioners.

Frank Hurley, Town Counsel, for the respondents, submitted a brief.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


KIRK, J.

This is an appeal under G.L.c. 213, § 1D, from a decisive order dismissing the petitioners' petition for a writ of mandamus. The judge made no findings. We have before us a condensed transcript of the evidence and numerous exhibits. Under the statute all questions, whether of fact, of law, or of discretion which were open before the judge are open to us.

The petitioners seek an order directing the board...

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