Nevins v. City Council of Springfield
Massachusetts Supreme Judicial Court
Petition, filed in its amended form on March 23, 1917, for a writ of certiorari addressed to the city council of Springfield and other officials of that city to quash the proceedings relating to the alleged widening of Dwight Street. The respondents other than the city council of Springfield filed a motion to dismiss the petition as to them on the ground that the city council of that city had exclusive authority and power to lay out, alter and widen streets in that city.
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Petition, filed in its amended form on March 23, 1917, for a writ of certiorari addressed to the city council of Springfield and other officials of that city to quash the proceedings relating to the alleged widening of Dwight Street. The respondents other than the city council of Springfield filed a motion to dismiss the petition as to them on the ground that the city council of that city had exclusive authority and power to lay out, alter and widen streets in that city. The motion was heard by Braley, J., who made an order dismissing the petition without prejudice as to all the respondents…
1Opinion of the CourtRugg, C. J.
This petition for a writ of certiorari presents for consideration the validity of proceedings of the city council of Springfield in laying out Dwight Street.
The first contention is that the record of the city council shows a violation of St. 1915, c. 263. The material parts of that statute are printed above. The record of the city council in form constitutes a laying out of Dwight Street and the taking of land therefor in accordance with special statutes relating to Springfield. St. 1852, c. 94, § 4. St. 1873, c. 126, § 6 and the general law of St. 1904, c. 443. It is in form a taking by…
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