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CAPLAN v. TOWN OF ACTON

SJC-12274.

479 Mass. 69 (2018)

GEORGE CAPLAN & others v. TOWN OF ACTON.

Supreme Judicial Court of Massachusetts, Middlesex.

March 9, 2018.

Attorney(s) appearing for the Case

Douglas B. Mishkin , of the District of Columbia ( Joshua Counts Cumby & Alex Luchenitser , of the District of Columbia, & Russell S. Chernin also present) for the plaintiffs.

Nina L. Pickering-Cook ( Arthur P. Kreiger also present) for the defendant.

The following submitted briefs for amici curiae.

Daniel Mach , of the District of Columbia, Anthony M. Doniger , Kate R. Cook , & Sarah R. Wunsch for American Civil Liberties Union & another.

Maura Healey , Attorney General, David C. Kravitz , Assistant State Solicitor, & Matthew P. Landry , Assistant Attorney General, for the Attorney General.

Eric C. Rassbach , of the District of Columbia, Joseph C. Davis , of Louisiana, Daniel D. Benson , of Utah, & Mark L. Rienzi for Becket Fund for Religious Liberty.

Thomas A. Mullen for Massachusetts Municipal Law Association & another.

Thaddeus A. Heuer & Andrew London for National Trust for Historic Preservation.

Ryan P. McManus & M. Patrick Moore for Boston Preservation Alliance & others.

Present: GANTS, C.J., LENK, GAZIANO, BUDD, CYPHER, & KAFKER, JJ.

Article 18 of the Amendments to the Massachusetts Constitution, as amended by arts. 46 and 103 of the Amendments, known as the "anti-aid amendment," prohibits in § 2, cl. 2, the "grant, appropriation or use of public money ... for the purpose of founding, maintaining or aiding any church...

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