Ballantine v. Town of Falmouth

This bill for declaratory relief seeks a determination of the validity of action taken by the board of selectmen of Falmouth pursuant to authorization purportedly granted by votes passed under arts. 1 and 2 of the warrant for a special town meeting held on April 2, 1969. At the heart of the controversy is the plaintiffs’ challenge to the validity of the taking by the town of an abandoned railroad right of way which the plaintiffs had recently acquired from the Penn Central Company. The right of way extended from Falmouth Center to Woods Hole, a distance of about three and one-third miles, and…