Chopelas v. City Clerk of Malden

This is an appeal from the allowance in the Superior Court of a motion to dismiss a petition for a writ of mandamus brought against the city clerk, the registrars of voters and the treasurer of the city of Malden for the certification of signatures upon a referendum petition.

We summarize the essential allegations of the petition. On November 23, 1971 the Malden city council passed a bond order authorizing the treasurer, with the approval of the mayor, to borrow $8,000,000 for the purpose of building an incinerator. The mayor signed the order on November 24, 1971. On December 14, 1971 the…