DIMINO v. SECRETARY OF THE COMMONWEALTH


427 Mass. 704 (1998)

RICHARD DIMINO & others v. SECRETARY OF THE COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 23, 1998.


Attorney(s) appearing for the Case

E. Randolph Tucker (Timothy Veeser with him) for the plaintiffs.

Douglas H. Wilkins, Assistant Attorney General (Peter Sacks, Assistant Attorney General, with him) for Secretary of the Commonwealth & another.

Present: LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


LYNCH, J.

The plaintiffs initiated this action seeking a declaratory judgment and an order in the nature of mandamus in the Supreme Judicial Court for Suffolk County. They contend that the Attorney General erred in certifying that a citizens' initiative petition to eliminate toll collections on certain Massachusetts roads did not concern matters "excluded" from the initiative process under art. 48, The Initiative, Part II, § 3, of the Amendments to the Constitution...

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