Appeals Court: KENNEDY vs. THE COMMONWEALTH et al

KeywordsSchool 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.

In its decision released today in Kennedy, et al v Commonwealth, et al, the Appeals Court upheld a Superior Court denying a Home Rule challenge to an Act of the Legislature. The decision dismissed on standing and other grounds a challenge by residents, the Town of Huntington, and the Gateway Regional School District to an Act of the Legislature which allowed Worthington to withdraw from a regional school district agreement notwithstanding the terms of the regional agreement.  The Appeals Court found that there was no violation of the Home Rule Amendment.  Other claims, including impairment of contracts and the local mandates law, were similarly dismissed.  Click here for the full text of the decision

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