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DENMAN v. COUNTY OF BARNSTABLE

346 Mass. 412 (1963)

193 N.E.2d 572

NATHANIEL A. DENMAN & others vs. COUNTY OF BARNSTABLE & another.

Supreme Judicial Court of Massachusetts, Barnstable.

November 4, 1963.

Attorney(s) appearing for the Case

Howard S. Whiteside for the plaintiffs.

Kenneth E. Wilson for the defendants.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

SPALDING, J.

The plaintiffs reside in the town of Falmouth and own property there. On or about June 28, 1961, three selectmen of the town petitioned the county commissioners of Barnstable for "the widening, straightening, relocating or locating anew," of a road known as Katherine Lee Bates Road from Hamlin Avenue westerly to Palmer Avenue. The plaintiffs challenge the legality of the proceedings in this bill in equity. The plaintiffs concede that certiorari rather...

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