Muir v. City of Leominster

This is a petition for a writ of mandamus brought by residents of Leominster against the city of Leominster (city), its mayor, the members of its council (council), and Clarence E. and Doris Gagne (Gagne). Following a trial a judge of the Superior Court made findings of fact and ordered the petition dismissed. The petitioners appealed from that order. The case is before us with a transcript of all the testimony and the exhibits which were before the court. Thus, all questions of law, fact and discretion are open for our decision. From this evidence we can find facts not expressly found by the…