Mayor of Holyoke v. Board of Aldermen

The basic question in this case is whether the board of aldermen of the city of Holyoke has lawfully appropriated for school purposes during the 1981 fiscal year an amount in excess of the amount that, but for such an appropriation, could be available for school purposes under the so called “tax cap” legislation. St. 1979, c. 151.

The Holyoke school committee, as a “governing body” defined in St. 1979, c. 151, § 2, had no general authority to *709approve a budget for fiscal year 1981 “which [was] greater than [104%] of the budget approved by [it] for the preceding fiscal . . . year.” St. 1979, c.…