MAYOR OF HOLYOKE v. BOARD OF ALDERMEN OF HOLYOKE


381 Mass. 708 (1980)

412 N.E.2d 328

MAYOR OF HOLYOKE vs. BOARD OF ALDERMEN OF HOLYOKE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 30, 1980.


Attorney(s) appearing for the Case

Peter H. Barry, Assistant City Solicitor (Kathleen G. Fallon with him) for the plaintiff.

Cornelius J. Moriarty, Jr., for the Board of Aldermen of Holyoke.

Jeffrey M. Freedman for the School Committee of Holyoke.

Brian A. Riley for the Holyoke Teachers Association.

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


WILKINS, J.

The basic question in this case is whether the board of aldermen of the city of Holyoke has lawfully appropriated for school purposes during the 1981 fiscal year an amount in excess of the amount that, but for such an appropriation, could be available for school purposes under the so called "tax cap" legislation. St. 1979, c. 151.

The Holyoke school committee, as a "governing body" defined in St. 1979, c. 151, § 2, had no general authority...

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