NEARIS v. GLOUCESTER


357 Mass. 203 (1970)

257 N.E.2d 467

MERRILL B. NEARIS, trustee, vs. CITY OF GLOUCESTER & others.

Supreme Judicial Court of Massachusetts, Essex.

April 7, 1970.


Attorney(s) appearing for the Case

Merrill B. Nearis, trustee, pro se, submitted a brief.

David B. Gardner, City Solicitor, for the defendants.

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


SPALDING, J.

This is a bill for declaratory and injunctive relief against the defendants' collection of 1967 real estate taxes on the plaintiff's property. The defendants filed a demurrer, which included as one of its grounds that the plaintiff had an "exclusive and adequate remedy" under the abatement provisions of G.L.c. 59. The demurrer was sustained and the plaintiff appealed.

The averments in this diffuse and artlessly drawn bill are as follows. The plaintiff...

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