TIBERIO v. METHUEN


364 Mass. 578 (1974)

307 N.E.2d 302

JAMES G. TIBERIO & others vs. TOWN OF METHUEN.

Supreme Judicial Court of Massachusetts, Essex.

February 12, 1974.


Attorney(s) appearing for the Case

George Karelitz for the plaintiffs.

Robert D. Smith (John T. Sweeney & Michael P. Curran with him) for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & WILKINS, JJ.


WILKINS, J.

The plaintiffs constitute more than ten registered voters of the town of Methuen (town). They appeal from a final decree dismissing their bill in equity which challenged the validity of a vote by which the town purported to adopt a home rule charter under the Home Rule Procedures Act (G.L.c. 43B, inserted by St. 1966, c. 734, § 1).

In March, 1971, the voters of the town voted to frame a charter and a charter commission was elected. The charter...

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