Balch v. County Commissioners of Essex
Massachusetts Supreme Judicial Court
Petition for a writ of certiora/ri to quash proceedings of the county commissioners of Essex, under the St. of 1866, c. 112, enlarging the, public burying ground of Groveland upon the application of the selectmen of that town.
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Petition for a writ of certiora/ri to quash proceedings of the county commissioners of Essex, under the St. of 1866, c. 112, enlarging the, public burying ground of Groveland upon the application of the selectmen of that town. The substance of the statute is as follows: The first section provides that, when there is a necessity for the enlargement of any burial ground now existing in and belonging to any town, and the owner of the adjoining land needed for such enlargement refuses to sell the same, or demands a price which the selectmen deem unreasonable, they may, with the approval of the…
1Opinion of the CourtWells, J.
The proceedings for laying out and taking the land in question, for the purpose of enlarging the burial ground belonging to the town of Groveland, were all regular and sufficient, in form. The case finds a refusal by this petitioner to sell his land for the purpose; and that the only other owners held by such title as gave them no power to sell. That fact, of incapacity to sell, is a sufficient refusal to answer the condition of the statute in this behalf. It appears also that the application of the selectmen to the county commissioners was made with the approbation, and in compliance with…
2Cited by8 opinions
- Woodlawn Cemetery v. Inhabitants of EverettMassachusetts Supreme Judicial Court · 1875
- Denton v. City of SapulpaSupreme Court of Oklahoma · 1920
- Farneman v. Mount Pleasant Cemetery Ass'nIndiana Supreme Court · 1893
- Western Carolina Power Co. v. MosesSupreme Court of North Carolina · 1926
- St. James African Methodist Episcopal Church v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1911
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