LEDER v. SUPERINTENDENT OF SCHOOLS OF CONCORD & CONCORD-CARLISLE REGIONAL SCHOOL DISTRICT

No. SJC-11224.

465 Mass. 305 (2013)

PAUL LEDER v. SUPERINTENDENT OF SCHOOLS OF CONCORD & CONCORD-CARLISLE REGIONAL SCHOOL DISTRICT & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 31, 2013.


Attorney(s) appearing for the Case

Kwabena B. Abboa-Offei for the plaintiff.

Adam Simms for the defendants.

Andrew P. Botti & David K. Moynihan , for David K. Moynihan & another, amici curiae, submitted a brief.

Martha Coakley , Attorney General, & Deirdre Roney , Special Assistant Attorney General, for State Ethics Commission, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

The issue on appeal is whether, under G. L. c. 268A, § 21 (a), as appearing in St. 2009, c. 28, § 80, a party may obtain declaratory or injunctive relief rescinding an action taken by a municipal agency based on an alleged violation of G. L. c. 268A, § 23, where the State Ethics Commission (commission) has made no finding of a violation and where the municipal agency has not requested this relief. We conclude that a finding of a violation...

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