Home CHARLES L. MERRICK vs. HAMPDEN-WILBRAHAM REGIONAL DISTRICT SCHOOL COMMITTEE & others.

2 Mass. App. Ct. 796

March 4, 1974

This is an appeal from an interlocutory decree sustaining the respondents' demurrer to the petitioner's bill in equity which was filed in a Probate Court. G. L. c. 215, Section 9. An appeal from such an interlocutory decree cannot reach this court unless brought up with an appeal from a final decree, or unless the underlying question is reported by the judge under the provisions of G. L. c. 215, Section 13. Slater v. Munroe, 313 Mass. 538 , 540 (1943). Clark v. Clark, 325 Mass. 760 (1950). Lynde v. Vose, 326 Mass. 621 , 622 (1951). La Raia v. La Raia, 329 Mass. 92 , 93 (1952). An examination of the docket entries in this case fails to disclose the entry of a final decree, and no question has been reported. The appeal is, therefore, not properly before us. We feel, however, that this may be an appropriate occasion (see Stow v. Commissioner of Corps. & Taxn. 336 Mass. 337 , 339 [1957]) for us to indicate our view that G. L. c. 71, Section 16(c), does not require appropriation by two thirds vote of each constituent town in a regional school district prior to a taking of land which is effected pursuant to a vote of the regional district school committee.

Appeal dismissed.

Home MATTHEW A. CHIARA vs. ZONING BOARD OF APPEALS OF METHUEN.

2 Mass. App. Ct. 796

March 4, 1974

The plaintiff's bill of exceptions and appeal challenge an order for judgment dismissing his petition for a writ of mandamus, brought to compel the defendant to file with the city clerk, pursuant to G. L. c. 40A, Section 18, as amended through St. 1971, c. 1018, the record of its proceedings and the reasons for its decision

Page 797

denying the plaintiff's application for a variance. The defendant represents that the matter has become moot, as it filed the record of proceedings and reasons for its decision on September 10, 1971. A copy of that filing, certified by the city clerk, has been furnished to us by the defendant. The plaintiff concedes that the record and decision have in fact been filed. The order for judgment is to be modified to require entry of judgment in the form, "The subject matter of the petition having become moot, the petition is dismissed," and as so modified is affirmed. See Selectmen of Lakeville v. Alcoholic Beverage Control Commn. 329 Mass. 769 (1953).

So ordered.