Whelan v. Town of Hingham

This is a petition brought by ten taxable inhabitants of the town of Hingham (town) to restrain an alleged unlawful expenditure by the town. The parties filed a “Stipulation as to Certain Facts,” and the trial judge made a “Report of Findings, Rulings and Order.” The petitioners appeal from a final decree dismissing the petition.

The material facts do not appear to be in dispute. In 1962 John B. Clapp, Theodore M. Prudden and David F. Whelan were members of the board of assessors (board) of the town. There was a disagreement among the members concerning the refusal of a majority of the board…