City of Somerville v. City of Waltham
Massachusetts Supreme Judicial Court
Contract, to recover the amount of a tax assessed by assessors of the defendant city upon the plaintiff city, and alleged to have been paid under a protest in writing. The case was submitted to the Superior Court, and, after judgment for the plaintiff rendered by Bond, J., to this court, on appeal, upon agreed facts, the nature of which appears in the opinion.
1Opinion of the CourtLathrop, J.
There is nothing in our statutes to prevent a city or town from acquiring by purchase land in another city or town for municipal purposes, if it is necessary or expedient for the interests of its inhabitants to do so. Indeed, the statutory provisions which give the right of taking land for gravel and clay pits by the right of eminent domain within the limits of the city or town exercising this right clearly recognize the right of one municipality to own land in another, by confining its right to take land “ not appropriated to public uses or owned by any other city or town.” Pub. Sts. c. 49,…
2Cases cited5 opinions
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
- Town of West Hartford v. Board of Water CommissionersSupreme Court of Connecticut · 1877
- People Ex Rel. Mayor of New York v. Board of AssessorsNew York Court of Appeals · 1888
- City of Rochester v. . Town of RushNew York Court of Appeals · 1880
- Inhabitants of Essex County v. City of SalemMassachusetts Supreme Judicial Court · 1891
3Cited by25 opinions
- Milford Water Co. v. Inhabitants of HopkintonMassachusetts Supreme Judicial Court · 1906
- Wright v. Fulton CountySupreme Court of Georgia · 1929
- City of Traverse City v. Township of BlairMichigan Supreme Court · 1916
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- City & County of San Francisco v. McGovernCalifornia Court of Appeal · 1915
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