Caulfield v. Noble

The issue which threads through this case transcends that discussed in the majority opinion. Although not pinpointed in the complaint, it is implicit as the basis of the plaintiff’s action. This issue is whether a town has the right to accumulate tax revenues when it is not shown that such accumulation is for a public purpose even though there is charter authority to do so.

It is unquestioned that the $639,467.66 surplus was not earmarked for any current or future expenditure and was available for appropriation as of the close of the fiscal year ending August 31, 1976. The town refused to put…