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BROOKLINE v. METROPOLITAN DISTRICT COMMISSION

357 Mass. 435 (1970)

258 N.E.2d 284

TOWN OF BROOKLINE vs. METROPOLITAN DISTRICT COMMISSION, (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1970.

Attorney(s) appearing for the Case

John M. Reed (Phillip Cowin, Town Counsel, with him) for the plaintiff.

Daniel J. Johnedis, Assistant Attorney General, for the defendant.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.

WILKINS, C.J.

The town brings a bill in equity and a petition for a writ of certiorari, both attacking as invalid an order of taking of certain parkland of the town made by the commission (M.D.C.) on March 20, 1969. The parties filed a "consolidated agreed statement of facts," which is self-described as intended "to have the effect of a case stated." The cases are reserved and reported by a judge of the Superior Court, the...

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