CRANBERRY GROWERS SERVICE, INC. v. DUXBURY


415 Mass. 354 (1993)

613 N.E.2d 105

CRANBERRY GROWERS SERVICE, INC. vs. TOWN OF DUXBURY.

Supreme Judicial Court of Massachusetts, Plymouth.

May 27, 1993.


Attorney(s) appearing for the Case

Gary A. Nickerson for the plaintiff.

Robert S. Troy, Town Counsel, for the defendant.

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


WILKINS, J.

We hold that a town conservation commission may not lease property held in its care, custody, management, and control without a town meeting vote authorizing the lease.

The plaintiff brought this action in November, 1990, seeking a determination that it had a valid lease from the Duxbury conservation commission granting it the right until 2000 to farm cranberry bogs (premises) that the inhabitants of...

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