Legal Opinion
Edward P. Clark Post, 107, American Legion, Inc. v. Town of Natick Board of Selectmen
Massachusetts Superior Court
Decided October 22, 2004No. 042083PublishedCited by 1 opinion
1Opinion of the CourtGiles, J.
Introduction
This is an action by plaintiff Edward P. Clark Post, 107, American Legion, Inc. (“American Legion”), against defendant Town of Natick Board of Selectmen and its individual members (“Board”) for certiorari (Count I), declaratory relief (Count II, and judicial review pursuant to G.L.c. 30A, §14 (Count III). The Board has moved to dismiss the complaint under Mass.RCiv.P. 12(b)(6), which motion the American Legion opposes. After hearing, and for the reasons set forth below, the motion is ALLOWED IN PART and DENIED IN PART.
Background
The American Legion, a non-profit organization…
2Cases cited21 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Nader v. CitronMassachusetts Supreme Judicial Court · 1977
- Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
- Charbonnier v. AmicoMassachusetts Supreme Judicial Court · 1975
- General Motors Acceptance Corp. v. Abington Casualty InsuranceMassachusetts Supreme Judicial Court · 1992
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3Cited by1 opinion
- Edward P. Clark Post 107, American Legion, Inc. v. Town of Natick Board of SelectmenMassachusetts Superior Court · 2005