Tinkham v. Town of Mattapoisett

Rufo, Robert C., J.

This action was brought by the plaintiffs as taxpayers of the Town of Mattapoisett under the provisions of G.L.c. 214, §3(10) seeking to enforce the purpose or purposes of a gift of a 20.5-acre parcel of land in trust to the Town of Mattapoisett by deed of Nelson Floyd Tinkham dated November 26, 1968. The plaintiffs also seek declaratory relief under the provisions of G.L.c. 231A that a May 2004 Mattapoisett Town Meeting vote to exchange the 20.5-acre parcel for a total of over 400 acres with private developers so as to permit the 20.5-acre parcel to be used for residential…