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COUNTY OF MIDDLESEX v. NEWTON

13 Mass. App. Ct. 538 (1982)

434 N.E.2d 1297

COUNTY OF MIDDLESEX & another vs. CITY OF NEWTON (and a companion case).

Appeals Court of Massachusetts, Middlesex.

May 17, 1982.

Attorney(s) appearing for the Case

Ouida C.M. Young, Assistant City Solicitor, for the city of Newton.

Robert W. Gardner, Jr., Town Counsel, for the town of Ayer.

Robert L. Rossi, Assistant District Attorney, for the plaintiffs.

Present: GRANT, GREANEY, & SMITH, JJ.

GREANEY, J.

Pursuant to G.L.c. 35, §§ 30 & 31,3 the commissioners of Middlesex County duly apportioned, assessed, and issued warrants for county taxes owed by the city of Newton for fiscal years 1979, 1980 and 1981. Newton refused to make most of the payments due for those years, asserting that it could properly withhold its taxes until the county filed annual reports for...

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