N. Ward Co. v. Street Commissioners
Massachusetts Supreme Judicial Court
Petition, filed on May 23, 1912, for a writ of certiorari to quash the proceedings of the commissioner of public works and the board of street commissioners of the city of Boston relating to the taking of certain parcels of land and flats at Spectacle Island in Boston Harbor belonging to the petitioner for the purpose of providing, for the disposal of the garbage and refuse of the city.
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Petition, filed on May 23, 1912, for a writ of certiorari to quash the proceedings of the commissioner of public works and the board of street commissioners of the city of Boston relating to the taking of certain parcels of land and flats at Spectacle Island in Boston Harbor belonging to the petitioner for the purpose of providing, for the disposal of the garbage and refuse of the city. The case came on to be heard upon the petition, the answers and certain agreed facts by Morton, J., on December 15, 1913, and, before he resigned on that day, was reserved by him for determination by the full…
1Opinion of the CourtSheldon, J.
It is practically agreed by both parties that the city of Boston had no right to make this taking of upland and flats, unless that right had been given to it by legislation. This is undoubtedly correct. No such authority has been given in express terms. But it was provided by St. 1909, c. 486, § 31, that “At the request of any department, and with the approval of the mayor the board of street commissioners, in the name of the city, may take in fee for any municipal purpose any land within the limits of the city, not already appropriated to public use. Whenever the price proposed to be paid…
2Cases cited35 opinions
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- Gardner v. MichiganSupreme Court of the United States · 1905
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
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3Cited by14 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Nehrbas v. Incorporated Village of Lloyd HarborNew York Court of Appeals · 1957
- Cabot v. Assessors of BostonMassachusetts Supreme Judicial Court · 1956
- Burnham v. Mayor & Aldermen of BeverlyMassachusetts Supreme Judicial Court · 1941
- Poremba v. City of SpringfieldMassachusetts Supreme Judicial Court · 1968
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