MILLIS v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY


367 Mass. 831 (1975)

329 N.E.2d 135

TOWN OF MILLIS vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 27, 1975.


Attorney(s) appearing for the Case

John F. St. Cyr, Town Counsel, for the town of Millis.

Joseph H. Elcock (Ronald G. Busconi with him) for Massachusetts Bay Transportation Authority.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

The plaintiff town seeks a finding that it receives no service or benefit from the defendant Massachusetts Bay Transportation Authority (MBTA) and a declaration that the assessment provisions of G.L.c. 161A result in confiscation of the property of the citizens of the town without due process of law. We hold that the State Treasurer is a necessary party to the action, and order that he be made a party under Mass. R. Civ. P. 1A, 12 (b) (7), 19 (a), 365...

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