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BD. OF SELECTMEN OF BRAINTREE v. CTY. COMM. OF NORFOLK

399 Mass. 507 (1987)

505 N.E.2d 182

BOARD OF SELECTMEN OF BRAINTREE vs. COUNTY COMMISSIONERS OF NORFOLK & others.

Supreme Judicial Court of Massachusetts, Norfolk.

March 23, 1987.

Attorney(s) appearing for the Case

William F. Carr for the plaintiff.

Paul R. Kelley (Terry Philip Segal with him) for the defendants.

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

LYNCH, J.

The plaintiff, the board of selectmen of Braintree (board), brought an action in the Superior Court seeking to enjoin the defendants from using a building which is part of Norfolk County Hospital as a correctional facility. The case was heard on a statement of agreed facts. After taking a view and conducting a hearing on the plaintiff's complaint, the judge denied the plaintiff's request for an injunction. The plaintiff

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