PAISNER v. ATTORNEY GENERAL


390 Mass. 593 (1983)

458 N.E.2d 734

MILTON PAISNER & others vs. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 14, 1983.


Attorney(s) appearing for the Case

Robert G. Stewart (Paul J. Hartnett, Jr., with him) for the plaintiffs.

Thomas R. Kiley, Assistant Attorney General (Francis X. Bellotti, Attorney General, with him) for the defendants.

John M. Mullen for the intervener.

John J. Curtin, Jr., E. Susan Garsh, Susan A. Shepard, John F. Donovan, Jr., & Paul C. Menton, for the House of Representatives, amicus curiae, submitted a brief.

James R. McIntyre & Irene R. Comeau, for the Senate, amicus curiae, submitted a brief.

Paul G. Keough, John M. McKelway, Jr., Mark A. Lowery & Robert P. Keough, for Paul G. Keough, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


HENNESSEY, C.J.

This is an action for declaratory and injunctive relief challenging a decision of the Attorney General, who declined to certify an initiative petition on the ground that it was not in proper form for submission to the people. Art. 48, The Initiative, II, § 3, of the Massachusetts Constitution.2 The Attorney General ruled in substance that the initiative petition did not propose...

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