Posts tagged "1100718"

Kennedy, et al. v. Commonwealth, et al. (Lawyers Weekly No. 11-007-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   16-P-1464                                       Appeals Court   RUTH KENNEDY & others[1]  vs.  COMMONWEALTH & others.[2]     No. 16-P-1464.   Hampshire.     September 19, 2017. – January 18, 2018.   Present:  Vuono, Blake, & Singh, JJ.     School and School Committee, Regional school district, Standing to challenge validity of statute.  Contract, Regional school district, Promissory estoppel.  Constitutional Law, Standing, Home Rule Amendment, Special law.  Municipal Corporations, Home rule.  Statute, Special law.  Practice, Civil, Standing, Declaratory proceeding, Motion to dismiss.  Declaratory Relief.       Civil action commenced in the Superior Court Department on October 31, 2014.   Motions to dismiss were heard by Bertha D. Josephson, J.     James B. Lampke (Russell J. Dupere also present) for the plaintiffs. Layla G. Taylor for town of Worthington. Kerry David Strayer, Assistant Attorney General (Juliana deHaan Rice, Assistant Attorney General, also present) for the Commonwealth & another.     VUONO, J.  This appeal arises from the town of Worthington’s (Worthington’s) withdrawal from the Gateway regional school district (school district) pursuant to special legislation.  The school district was established in 1957 and consisted of seven member towns in Hampden and Hampshire Counties until May 7, 2014, when the Legislature adopted “An Act Relative to the Withdrawal of the Town of Worthington From the Gateway Regional School District.”  St. 2014, c. 97 (act).  The act enabled Worthington to withdraw from the school district without the consent of the other member towns.  The school district, the town of Huntington (Huntington), Ruth Kennedy (a resident of the member town of Russell), and Derrick Mason (a resident of the member town of Russell), brought an action in Superior Court against Worthington, the Commonwealth, the Department of Elementary and Secondary Education (department), and the town of Russell, challenging the act.  The defendants filed motions to dismiss pursuant to Mass.R.Civ.P. 12(b)(1) & (6), 365 Mass. 754 (1974), which a judge allowed.  Primarily for the reasons set forth in the judge’s well-reasoned memorandum of decision, we affirm. Background.  Between 1957 and 1968, the towns of Russell, Worthington, Huntington, Middlefield, Montgomery, Chester, and Blandford entered into an agreement for the creation and the operation of the school district.  See G. L. c. 71, §§ 14-14B, 15.  Among other things, the agreement provides for the location of schools, the apportionment and payment of costs by member towns, and the employment of teachers.  The agreement also outlines the procedures through which […]


Posted by Massachusetts Legal Resources - January 18, 2018 at 6:52 pm

Categories: News   Tags: , , , ,