Brown v. City of Taunton

These are two cases which were consolidated on appeal. In the first, the plaintiff sought an order compelling the defendant, the city of Taunton (city), to pay him sick leave benefits. The parties stipulated to all of the material facts. On the plaintiff’s motion for summary judgment, judgment was entered for the defendants. See Mass. R.Civ.P. 56(c), 365 Mass. 824 (1974). In the second, filed almost two years later, the plaintiff sought declaratory relief (G. L. c. 231A) with respect to his rights to claim a pension. On motion of the defendant, the retirement board (board) of the city, under…