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MIDDLETON v. DEPUTY COMMR. OF PLANNING AND OPERATIONS

406 Mass. 1 (1989)

545 N.E.2d 855

TOWN OF MIDDLETON & others vs. DEPUTY COMMISSIONER OF THE DIVISION OF CAPITAL PLANNING AND OPERATIONS & others.

Supreme Judicial Court of Massachusetts, Essex.

November 6, 1989.

Attorney(s) appearing for the Case

Jerry E. Benezra for the plaintiffs.

Lawrence P. Fletcher-Hill, Assistant Attorney General, for the Deputy Commissioner of the Division of Capital Planning and Operations & another.

John Foskett for county commissioners of Essex County.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

GREANEY, J.

This case involves the acquisition of a site for the new Essex County jail and house of correction in the town of Middleton. The plaintiffs filed a verified complaint in the Superior Court against the defendants asserting jurisdiction pursuant to G.L.c. 29, § 63 (1988 ed.) (taxpayers' suit); G.L.c. 214, § 1 (1988 ed.) (general equity power); G.L.c. 249, § 5 (1988 ed.) (action in the nature of mandamus); and G.L.c. 231A, §§ 1, 2...

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