HELMES v. COMMONWEALTH


406 Mass. 873 (1990)

550 N.E.2d 872

FRANCIS G. HELMES & others vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 8, 1990.


Attorney(s) appearing for the Case

Kevin F. Moloney for the plaintiffs.

Morris M. Goldings (Alice E. Moore with him) for U.S.S. Massachusetts Memorial Committee, Inc.

Lawrence P. Fletcher-Hill, Assistant Attorney General, for the Commonwealth & another.

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


WILKINS, J.

On June 23, 1989, the plaintiffs, more than "twenty-four taxable inhabitants of the commonwealth," commenced this action under G.L.c. 29, § 63 (1988 ed.), seeking to restrain the Commonwealth, acting through the Commissioner of Education, from the expenditure of money, or the incurring of obligations purporting to bind the Commonwealth, for the alteration, remodeling, or repair of the battleship U.S.S. Massachusetts. The plaintiffs claim that (1)...

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