ATHAS v. MAYOR OF HOLYOKE


356 Mass. 382 (1969)

252 N.E.2d 208

JAMES ATHAS & others vs. MAYOR OF HOLYOKE & others.

Supreme Judicial Court of Massachusetts, Hampden.

November 4, 1969.


Attorney(s) appearing for the Case

James F. Freeley, Jr., for the plaintiffs.

Samuel W. Ripa for the defendants.

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


CUTTER, J.

Three inhabitants of Holyoke and a corporation owning land there by their bill (the original bill) sought declaratory and injunctive relief. They named as defendants the mayor, the aldermen, and the members of the school committee of Holyoke.

The original bill described an area in Holyoke comprising twenty-six acres (the locus), and then made substantially the following allegations. The locus had been used as a public park and a playground since...

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