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DelPRETE v. BOARD OF SELECTMEN OF ROCKLAND

351 Mass. 344 (1966)

220 N.E.2d 912

GERALD J. DELPRETE & another vs. BOARD OF SELECTMEN OF ROCKLAND & another.

Supreme Judicial Court of Massachusetts, Plymouth.

November 4, 1966.

Attorney(s) appearing for the Case

John T. Burke for the plaintiffs.

James H. Kenney for the defendants.

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

WHITTEMORE, J.

1. The final decree correctly ruled that the vote of the Rockland town meeting on March 1, 1965, authorizing the taking of the plaintiffs' agricultural land for school purposes and making an appropriation therefor, was valid. The issue is the presence or absence of a quorum when the vote was taken. The by-laws fixed the quorum at 400 voters.1 The presence of a quorum was not challenged...

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