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HARRINGTON v. BOARD OF SELECTMEN OF TISBURY

369 Mass. 652 (1976)

342 N.E.2d 703

GRATIA HARRINGTON & others vs. BOARD OF SELECTMEN OF TISBURY.

Supreme Judicial Court of Massachusetts, Dukes County.

February 2, 1976.

Attorney(s) appearing for the Case

Douglas A. Randall for the plaintiffs.

E. Peter Mullane, Town Counsel, for the Board of Selectmen of Tisbury.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, & WILKINS, JJ.

WILKINS, J.

At its 1973 annual town meeting, the town of Tisbury (town) adopted a by-law which purported to bar any selectman elected after December 31, 1973, from holding any other elective town office. The by-law, which is set forth in full in the margin,1 provides that, if any such selectman holds another elective town office, that other office shall become vacant on his becoming a selectman. In 1973, one of the three defendant selectmen...

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