Denman v. County of Barnstable

The plaintiffs reside in the town of Fal-mouth and own property there. On or about June 28,1961, three selectmen of the town petitioned the county commissioners of Barnstable for “the widening, straightening, relocating or locating anew,” of a road known as Katherine Lee Bates Road from Hamlin Avenue westerly to Palmer Avenue. The plaintiffs challenge the legality of the proceedings in this bill in equity. The plaintiffs concede that certiorari rather than a bill in equity is the appropriate remedy. But the point was not raised in the court below and the case proceeded to a trial. As the…