Legal Opinion

Lunn v. City of Auburn

Supreme Judicial Court of Maine

Decided February 17, 1913PublishedCited by 7 opinions

On appeal. This is a -bill in equity brought by certain taxpayers of the city of Auburn, in which the complainants seek to restrain the defendants from erecting a schoolhouse in said city without the approval of the plans therefor by the superintending school committee of said city of Auburn.

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On appeal. This is a -bill in equity brought by certain taxpayers of the city of Auburn, in which the complainants seek to restrain the defendants from erecting a schoolhouse in said city without the approval of the plans therefor by the superintending school committee of said city of Auburn. The respondents filed a demurrer to the bill, which the presiding Justice overruled and issued a temporary injunction restraining the respondents from proceeding in the erection of said schoolhouse. From the decree overruling the demurrer and issuing a temporary injunction, the plaintiffs appealed to the…

1Opinion of the CourtSpear, J.

This is a bill in equity brought by the taxpayers of the defendant city to restrain the defendants from erecting a schoolhouse without the approval of the plans by -the superintending school committee of the city. A demurrer to the bill was filed, the demurrer overruled and an injunction issued. The case comes here on appeal from this decree.

As stated by defendants’ counsel: “The fundamental issue in this case is, whether the city council of the city of Auburn may lawfully proceed to erect a schoolhouse in said Auburn and whether the city through its treasurer may lawfully pay out public…

2Cited by7 opinions

  1. Squires v. Inhabitants of City of AugustaSupreme Judicial Court of Maine · 1959
  2. Burkett v. YoungsSupreme Judicial Court of Maine · 1938
  3. City of Waterville v. Bartell Telephone TV SystemsSupreme Judicial Court of Maine · 1967
  4. Watts Detective Agency, Inc. v. Inhabitants of SagadahocSupreme Judicial Court of Maine · 1941
  5. School Committee of Winslow v. Inhabitants of WinslowSupreme Judicial Court of Maine · 1979

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