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MITCHELL v. SECRETARY OF ADMINISTRATION

413 Mass. 330 (1992)

597 N.E.2d 400

J. PHILIP MITCHELL & others vs. SECRETARY OF ADMINISTRATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 10, 1992.

Attorney(s) appearing for the Case

Steven J. Comen (John W. Bishop, Jr., with him) for the plaintiffs.

Thomas A. Barnico, Assistant Attorney General (Peter Sacks, Assistant Attorney General, with him) for the defendants.

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

ABRAMS, J.

The plaintiffs challenge the legality of the comptroller's transfer of $234,828,463 from the Highway Fund to the General Fund in order to balance the Commonwealth's books for Fiscal Year 1991 (FY91). The plaintiffs seek a declaration that the transfer violates arts. 48, 63, and 78 of the Amendments to the Massachusetts Constitution.3 A single justice reserved and reported this action to the full court on a statement of agreed...

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