MILTON v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY


356 Mass. 467 (1969)

253 N.E.2d 844

TOWN OF MILTON vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1969.


Attorney(s) appearing for the Case

Robert D. O'Leary, Town Counsel, for the plaintiff.

William D. Quigley (Bruce H. Segal with him) for the defendant.

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


SPIEGEL, J.

This bill in equity brought by the town of Milton (town) for declaratory relief under G.L.c. 231A seeks to "determine the powers of the ... [Massachusetts Bay Transportation Authority (Authority)] with respect to the proposed rapid transit extension from Ashmont to Mattapan." The trial judge made "Rulings and Order for Decree," and filed a "Report of Material Facts." The town appealed from a final decree which, inter alia, dismissed the bill.

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