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BURKE v. GLOUCESTER

358 Mass. 211 (1970)

263 N.E.2d 435

WALTER BURKE & others vs. CITY OF GLOUCESTER.

Supreme Judicial Court of Massachusetts, Essex.

October 28, 1970.

Attorney(s) appearing for the Case

Samuel Adams (Stephen E. Moore with him) for the plaintiffs.

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

Sumner H. Babcock & Richard D. Leggat, for the Archdiocesan Central High Schools, Inc., amicus curiae, submitted a brief.

Present: SPALDING, CUTTER, KIRK, SPIEGEL, REARDON, & QUIRICO, JJ.

SPALDING, J.

The plaintiffs, taxable inhabitants of the city of Gloucester (city), brought this bill under G.L.c. 40, § 53, to enjoin the city from purchasing or renovating land and buildings in the city known as St. Peter's High School, and from borrowing funds or issuing bonds or notes for this purpose. The city demurred on the grounds that the matters alleged in the bill are controlled by St. 1970, c. 87, which expressly...

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