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PRATT v. BOSTON

396 Mass. 37 (1985)

483 N.E.2d 812

BETTINA H. PRATT & others vs. CITY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

September 30, 1985.

Attorney(s) appearing for the Case

John D. Hanify (David Lee Evans with him) for the plaintiffs.

Thomas H. Martin for the Fund for Boston Neighborhoods, Inc.

Dennis A. Quilty, Assistant Corporation Counsel, for the city of Boston, was present but did not argue.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

ABRAMS, J.

More than ten taxpayers and residents of the city of Boston seek a declaration that permitting the exclusive use of a portion of Boston Common for the purpose of holding Concerts on the Common is an infringement on the plaintiffs' "easement rights" in the Common, that the city is without authority to surrender the Common site for private and commercial uses, and that the Concerts on the Common constitute an impermissible scheme for the generation of municipal...

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