OLIVER v. MATTAPOISETT


17 Mass. App. Ct. 286 (1983)

457 N.E.2d 679

ALICE OLIVER & others vs. TOWN OF MATTAPOISETT & others (and a companion case).

Appeals Court of Massachusetts, Plymouth.

December 21, 1983.


Attorney(s) appearing for the Case

Carlton A. Lees (Roxane Delano with him) for Alice Oliver & others.

Reginald H. Howe (Gregory M. Kennan with him) for Daniel O. Mahoney & another, trustees.

Donald J. Fleming, Town Counsel, for the town of Mattapoisett & another, was present but did not argue.

Present: GRANT, BROWN, & KASS, JJ.


KASS, J.

First, there is a problem of standing. The plaintiffs, who challenge an easement already granted by the town, allege no interest other than as taxpayers. Ten or more taxpayers of a town may, by an equitable action, ask a court to determine the lawfulness of expenditures or obligations about to be incurred. G.L.c. 40, § 53.

So far as the easement in question is concerned, Mattapoisett's act is...

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