SUPERINTENDENT SCH. OF LEOMINSTER v. MAYOR LEOMINSTER


386 Mass. 114 (1982)

434 N.E.2d 1230

SUPERINTENDENT OF SCHOOLS OF LEOMINSTER & others vs. MAYOR OF LEOMINSTER.

Supreme Judicial Court of Massachusetts, Worcester.

May 4, 1982.


Attorney(s) appearing for the Case

Robert B. Shumway for the plaintiffs.

John J. Curley, III, for the defendant.

Brian A. Riley, for Massachusetts Teachers Association, amicus curiae, submitted a brief.

Kristen Reasoner Apgar, for Board of Education, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNON, JJ.


ABRAMS, J.

Statute 1980, c. 580, commonly known as "Proposition 2 1/2," took effect on December 4, 1980.2 Section 7 of that Act amended G.L.c. 71, § 34, the statute which had, historically, granted fiscal autonomy to school committees in municipalities other than Boston. Pirrone v. Boston, 364 Mass. 403, 406-407 (1973). Casey v.

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