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MASS. BAY TRANSP. AUTH. ADVISORY BD. v. THE GOVERNOR

383 Mass. 24 (1981)

417 N.E.2d 419

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY ADVISORY BOARD & others vs. THE GOVERNOR & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 23, 1981.

Attorney(s) appearing for the Case

Thomas H. Martin (Herbert P. Gleason with him) for Massachusetts Bay Transportation Authority Advisory Board.

Stephen S. Ostrach, Assistant Attorney General (William L. Pardee, Assistant Attorney General, with him) for the Governor & others.

Joseph H. Elcock (Ronald G. Busconi with him) for Massachusetts Bay Transportation Authority.

Richard L. Neumeier, for League of Women Voters of Massachusetts & others, amici curiae, submitted a brief.

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

BRAUCHER, J.

The plaintiffs seek declaratory and injunctive relief against assessments upon cities and towns in the Massachusetts Bay Transportation Authority (MBTA) district. The assessments are attributable to expenditures by the MBTA in 1979, and the plaintiffs claim that certain of the expenditures were illegal because in excess of the budget approved by the MBTA Advisory Board (Advisory Board). We hold that the plaintiffs...

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