OMARTIAN v. MAYOR OF SPRINGFIELD


354 Mass. 439 (1968)

238 N.E.2d 48

DERTAD K. OMARTIAN & others vs. MAYOR OF SPRINGFIELD & others.

Supreme Judicial Court of Massachusetts, Hampden.

June 5, 1968.


Attorney(s) appearing for the Case

S. Thomas Martinelli (Kent B. Smith with him) for the plaintiffs.

Troy T. Murray, Associate City Solicitor, for the Mayor of Springfield & others.

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


CUTTER, J.

This taxpayers' suit under G.L.c. 40, § 53, seeks to restrain the defendants from taking steps to carry out the construction of the outer belt highway, referred to in Poremba v. Springfield, ante, 432. A demurrer by the city officials named as defendants asserted that (a) the bill failed to state facts sufficient to justify equitable relief or any relief against any defendant; (b) that various allegations were vague; and (c) that Albano...

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