Legal Opinion

Higginson v. Treasurer & School House Commissioners

Massachusetts Supreme Judicial Court

Decided October 15, 1912PublishedCited by 75 opinions

Bill in equity, filed in the Supreme Judicial Court oh July-30, 1912, by twelve taxable inhabitants of the city of Boston against the treasurer and the school house commissioners of that city, to restrain the raising or expenditure of money or the incurring of obligations for the purpose of constructing in the park known as the Back Bay Fens a building for the High School of Commerce or for that school and the administrative offices of the school committee and the board of…

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Bill in equity, filed in the Supreme Judicial Court oh July-30, 1912, by twelve taxable inhabitants of the city of Boston against the treasurer and the school house commissioners of that city, to restrain the raising or expenditure of money or the incurring of obligations for the purpose of constructing in the park known as the Back Bay Fens a building for the High School of Commerce or for that school and the administrative offices of the school committee and the board of school house commissioners. The answer of the defendant school house commissioners alleged that on January 2, 1912, the…

1Opinion of the CourtRugg, C. J.

This is a bill in equity by taxpayers of Boston to restrain certain officers of that city from erecting a building upon a public park known as the Back Bay Fens. This park was established in 1879 under the authority of St. 1875, c. 185. The city of Boston acquired the fee to the lands included within the park, and has expended large sums of money in locating, laying out, constructing and improving it. By St. 1911, c. 540, the park commissioners of Boston (the public board having control of the Back Bay Fens and other parks) were authorized, upon request of the school house commissioners of…

2Cases cited72 opinions

  1. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  2. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  3. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  4. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
  5. City of Worcester v. Worcester Consolidated Street Railway Co.Supreme Court of the United States · 1905

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3Cited by75 opinions

  1. Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
  2. Reichelderfer v. QuinnSupreme Court of the United States · 1932
  3. Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
  4. Williams v. . GallatinNew York Court of Appeals · 1920
  5. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943

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