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NUGENT v. WELLESLEY

9 Mass. App. Ct. 202 (1980)

400 N.E.2d 279

DANIEL F. NUGENT, JR., & others vs. TOWN OF WELLESLEY & another.

Appeals Court of Massachusetts, Norfolk.

February 19, 1980.

Attorney(s) appearing for the Case

Edward C. Donlon for the plaintiffs.

Albert S. Robinson, Town Counsel, for the defendants.

Present: ARMSTRONG, ROSE, & KASS, JJ.

KASS, J.

Ten taxpayers challenge the manner in which Wellesley transferred to a natural resources commission certain powers and duties formerly vested in a board of public works. On cross-motions for summary judgment, judgment was entered in favor of the town. We affirm.

As a first step, the Wellesley town meeting,2 sitting in special session on January 31, 1978, enacted a by-law establishing a natural resources commission of five...

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