DeCesare v. Board of Elections

Joslin, J.,

whom Kelleher, J., joins, concurring in part and dissenting in part. While I agree that the 59 committee-members elect were without authority on September 22, 1966 to select a 60th member to the town committee, I cannot agree that the petitioner Notte is entitled to be that 60th member or that the decision of the board of elections should be immune from judicial review. That is the effect of the majority decision that neither Ryan nor the local board may appeal because neither is “aggrieved.”

In determining whether the case was properly before the superior court, the majority say…