Oliver v. Town of Mattapoisett

First, there is a problem of standing. The plaintiffs, who challenge an easement already granted by the town, allege no interest other than as taxpayers. Ten or more taxpayers of a town may, by an equitable action, ask a court to determine the lawfulness of expenditures or obligations about to be incurred. G. L. c. 40, § 53.

So far as the easement in question is concerned, Mattapoisett’s act is completed, and there is no future obligation. The easement here has been executed, delivered, and recorded. More has been done, therefore, than was the case with the easement in Lynch v. Cambridge, 330…