Rogers v. Concord

The plaintiff’s attack upon the validity of the layout centers upon the proposition that the mayor and board of aldermen were acting judicially and that the board which was inaugurated on January 11, 1960, containing five new members of a total of fifteen, had no jurisdiction to pass upon the petition filed December 14, 1959, which was heard but not acted upon by the former board on January 6, 1960.

The present government of the city of Concord is founded on chapter 429 of the Laws of 1957, and known as the mayor-alderman plan charter. This charter provides that “the inhabitants . . . shall…