Waterman v. City Council of Gloucester

This is a petition for a writ of certiorari to quash the taking of land for a public playground on November 7, 1957, by the city council of Gloucester, a single legislative body of nine members created by G. L. c. 43, §§ 93-116, Plan E form of municipal charter. Six of the respondents filed a joint return. The respondents also filed a demurrer. The petitioners filed a motion to strike out the return as not signed by the full membership which was denied, and the petitioners saved an exception. After hearing the demurrer, the judge said: “With the consent of all the parties concerned I deferred…