Robbins v. Department of Public Works

This amended petition for a writ of mandamus is before us on reservation and report without decision of a judge of the Superior Court with a statement of agreed facts. In this posture the case is essentially a case stated and all questions of law and discretion are open to us. See Appleton v. Massachusetts Parking Authy. 340 Mass. 303; G. L. c. 231, § 111; G. L. c. 213, § ID, as amended by St. 1957, c. 155.

The petitioners are members of a group of residents and voters entitled “Committee for Safety & Conservation, Interstate 95.” They seek to enjoin the transfer of certain parcels of land…