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DIST. ATTORNEY, N.W. DIST. v. BD. OF SELECTMEN

11 Mass. App. Ct. 663 (1981)

418 N.E.2d 642

DISTRICT ATTORNEY FOR THE NORTHWESTERN DISTRICT vs. BOARD OF SELECTMEN OF SUNDERLAND.

Appeals Court of Massachusetts, Franklin.

April 7, 1981.

Attorney(s) appearing for the Case

Edward W. Pepyne, Jr., Town Counsel, for the defendant.

Philip B. Benjamin, Special Assistant District Attorney, for the plaintiff.

Present: GRANT, BROWN, & KASS, JJ.

BROWN, J.

In an action filed in the Superior Court the district attorney for the Northwestern District claimed that certain actions taken by the Sunderland board of selectmen (board) in conducting an executive session violated the open meeting law, G.L.c. 39, §§ 23A-23C, as amended through St. 1978, c. 372, §§ 9-12. The complaint alleged, and the judge so found, that the "executive session" was unlawful for two reasons: (1) that the vote to go...

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