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SOUTH BOSTON BETTERMENT TRUST CORPORATION v. BOSTON REDEVELOPMENT AUTHORITY

438 Mass. 57 (2002)

SOUTH BOSTON BETTERMENT TRUST CORPORATION & another v. BOSTON REDEVELOPMENT AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 31, 2002.

Attorney(s) appearing for the Case

Alan M. Spiro (Donna M. Greenspan, of Florida, with him) for South Boston Betterment Trust Corporation.

Chester Darling for the city councillor for district 2 of the Boston city council.

Michael K. Fee (Martha J. Collins with him) for the mayor of Boston.

Saul A. Schapiro (Nina F. Lempert with him) for Boston Redevelopment Authority & another.

Erica B. Abate Recht, for South End Lower Roxbury Housing & Planning Coalition & others, amici curiae, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, & SOSMAN, JJ.

GREANEY, J.

We transferred this case here on our own motion to decide whether a Boston city councillor, a State representative, and a State senator, acting in their respective capacities as elected officials, may negotiate and execute, with the Boston Redevelopment Authority (BRA), a binding memorandum of understanding (MOU) that created the South Boston Betterment Trust Corporation (trust) and authorized the trust to receive, and then to provide to residents of the...

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