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CANNER v. GROTON

402 Mass. 804 (1988)

525 N.E.2d 648

CARL CANNER & others vs. TOWN OF GROTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 12, 1988.

Attorney(s) appearing for the Case

Jeffrey M. Bernstein (Charles Harak with him) for the plaintiffs.

Daniel O. Mahoney (Maurice J. Ferriter with him) for Massachusetts Municipal Wholesale Electric Company.

Peter D. Cole, Town Counsel, for the town of Groton, was present but did not argue.

Reginald C. Lindsay, for Groton electric light department, was present but did not argue.

Steven H. Goldberg, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

LYNCH, J.

In this appeal, thirty residents of the town of Groton (Groton ratepayers) claim that, by virtue of the votes under two articles of the warrant for a special town meeting, a contract — known as the Project No. 6 power sales agreement (Project No. 6 PSA) — between the town and the Massachusetts Municipal Wholesale Electric Company (MMWEC), must be declared null and void.3 The defendants, who, in addition to MMWEC...

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