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SMITH v. CITY OF WESTFIELD

SJC-12243.

478 Mass. 49 (2017)

VIRGINIA B. SMITH & others v. CITY OF WESTFIELD & others.

Supreme Judicial Court of Massachusetts, Hampden.

October 2, 2017.

Attorney(s) appearing for the Case

Thomas A. Kenefick, III ( Mary Patryn also present) for the plaintiffs.

Seth Schofield , Assistant Attorney General, for the Commonwealth, amicus curiae.

Anthony I. Wilson ( John T. Liebel also present) for city of Westfield.

The following submitted briefs for amici curiae:

Luke H. Legere & Gregor I. McGregor for Massachusetts Association of Conservation Commissions, Inc.

Edward J. DeWitt for Association to Preserve Cape Cod, Inc.

Sanjoy Mahajan, pro se.

Phelps T. Turner for Conservation Law Foundation.

Jeffrey R. Porter & Colin G. Van Dyke for Trustees of Reservations & others.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

Article 97 of the Amendments to the Massachusetts Constitution, approved by the Legislature and ratified by the voters in 1972, provides that "[l]ands and easements taken or acquired" for conservation purposes "shall not be used for other purposes or otherwise disposed of" without the approval of a two-thirds roll call vote of each branch...

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