BRENNAN v. THE GOVERNOR


405 Mass. 390 (1989)

540 N.E.2d 685

JOHN E. BRENNAN, THIRD, & others vs. THE GOVERNOR & others.

Supreme Judicial Court of Massachusetts, Worcester.

July 11, 1989.


Attorney(s) appearing for the Case

James M. Shannon, Attorney General, Carl Valvo & Lawrence Fletcher-Hill, Assistant Attorneys General, for the defendants.

John O. Mirick & Joseph M. Hamilton for the plaintiffs.

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


NOLAN, J.

This is a petition under G.L.c. 29, § 63 (1986 ed.), by more than twenty-four taxpayers and citizens of the Commonwealth who challenge the legality of expending State funds to acquire the Pioneer Valley Academy (academy) in New Braintree as the site for a new medium security prison. In this action, the plaintiffs challenge three orders for summary judgment, each of which decided a portion of their complaint.

In August, 1988, a single justice...

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