Foster v. Board of Park Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash an .order of the board of park commissioners of the city of Boston- under the St.. of 1875, o. 185,* assessing lands of the petitioners and others for-special benefits received from the locating and laying out of a park.
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Petition for a writ of certiorari to quash an .order of the board of park commissioners of the city of Boston- under the St.. of 1875, o. 185,* assessing lands of the petitioners and others for-special benefits received from the locating and laying out of a park. The record showed the following facts: By an order of the city council, passed by vote of more than two thirds of each branch, and approved by the mayor on July :23, 1877, the treasurer was authorized to borrow, under the direction of the committee on finance, the sum of $450,000, “to be •expended by the park commissioners in the…
1Opinion of the CourtField, J.
The petitioners ask that the order of the park commissioners laying an assessment may be quashed, on this ground among others, that at the time of the passage of the order the park was not in any sense constructed so as to be fit for public use as a park. It appears, indeed, by the record of the park commissioners, that a park had been located and laid out; but the petitioners contend that it is competent for them to show by evidence that the park had not in fact been laid out within the meaning of the words “ laying out ” contained in the statute, and that the facts agreed show this; that…
2Cases cited10 opinions
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
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- Prince v. City of BostonMassachusetts Supreme Judicial Court · 1872
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