TRUSTEES OF RESERVATIONS v. STOCKBRIDGE


348 Mass. 511 (1965)

204 N.E.2d 463

THE TRUSTEES OF RESERVATIONS vs. TOWN OF STOCKBRIDGE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 11, 1965.


Attorney(s) appearing for the Case

Herbert P. Gleason for the plaintiff.

Walter H. McLaughlin, Jr. (George A. McLaughlin with him) for the defendant.

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


SPALDING, J.

The objective of this bill in equity is to obtain a declaration that a taking by the defendant of a portion of the plaintiff's land was illegal. The defendant demurred. The single justice reported the case on the pleadings without decision.

We summarize the averments of the bill: The Trustees of Reservations (plaintiff)1 was incorporated under St. 1891, c. 352, as a charitable corporation "for the purpose of acquiring...

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