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CITIZENS FOR A REFERENDUM VOTE v. WORCESTER

375 Mass. 218 (1978)

375 N.E.2d 721

CITIZENS FOR A REFERENDUM VOTE vs. CITY OF WORCESTER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 1978.

Attorney(s) appearing for the Case

Edward D. McCarthy for the plaintiffs.

Henry P. Grady, City Solicitor (David B. Williams, Assistant City Solicitor, with him) for city of Worcester & others.

Todd D. Rakoff (Verne W. Vance, Jr., with him) for the Worcester Civic Center Commission, interveners.

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

BRAUCHER, J.

At a special election held in Worcester on September 20, 1977, the voters approved an order of the city council appropriating $7.9 million for a new civic center. The vote, which included authority for a bond issue, carried by a plurality of forty-six votes out of 40,936 votes cast. A recount held September 30, 1977, increased the margin to 119 votes. A judge of the Superior Court ruled that the election was valid, the plaintiffs appealed, and we

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