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BROOKLINE v. THE GOVERNOR

407 Mass. 377 (1990)

553 N.E.2d 1277

TOWN OF BROOKLINE & others vs. THE GOVERNOR & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 14, 1990.

Attorney(s) appearing for the Case

David Lee Turner, Town Counsel (Sara Holmes Wilson & George F. Driscoll, Jr., with him) for the plaintiffs.

Peter Sacks, Assistant Attorney General, for the Governor.

The following submitted briefs for amici curiae:

William L. Patton & Lorraine A. White, for Massachusetts Taxpayers Foundation.

Lorraine A. White for the town of Andover.

Louis A. Rizoli & Elaine M. Farrell, for Massachusetts House of Representatives.

Daniel J. Bailey, Jr., Town Counsel, Roderick MacLeish, Jr., & John W. Bishop, Jr., for the town of Weymouth & another.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

The court holds that the Governor had no authority under G.L.c. 29, §§ 9B and 9C (1988 ed.), to withhold $210,000,000 in local school aid funds, commonly called Chapter 70 aid, appropriated in the fiscal year 1990 budget. St. 1989, c. 240, § 2, line item 7061-0008. We further hold, on an entirely separate issue, that § 6 of St. 1989, c. 240, lawfully limits distributions of certain State lottery proceeds to cities and towns during the...

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