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BD. OF SELECTMEN OF BRAINTREE v. TOWN CLERK, BRAINTREE

370 Mass. 114 (1976)

345 N.E.2d 699

BOARD OF SELECTMEN OF BRAINTREE vs. TOWN CLERK OF BRAINTREE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1976.

Attorney(s) appearing for the Case

Arthur A. Smith, Jr., Town Counsel, for the Board of Selectmen of Braintree.

William F. Carr, Special Town Counsel, for the Town Clerk of Braintree & another.

John F. Donovan, Jr., Counsel to the House of Representatives, Joseph J. Schuler, Associate Counsel to the House of Representatives, James R. McIntyre, Counsel to the Senate, Dawn-Marie Driscoll Keefe, Assistant to the Senate Counsel, & James H. Powers, Principal Research Assistant, Legislative Research Bureau, as amici curiae, submitted a brief.

Douglas A. Randall, for the City Solicitors and Town Counsel Association & others, as amici curiae, submitted a brief.

Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, & KAPLAN, JJ.

KAPLAN, J.

The board of selectmen of the town of Braintree has consisted of three members whose respective terms, beginning in successive years, were each for a period of three years. At an adjourned annual town meeting on May 7, 1975, the town voted to authorize the selectmen to petition the General Court, under the provisions of § 8 of art. 2 of the Amendments to the Constitution of the Commonwealth as supplanted by art. 89 of the Amendments (Home Rule Amendment...

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