Clauretie v. Board of Park Commissioners

Massachusetts Appeals Court

Clauretie v. Board of Park Commissioners

309 N.E.2d 890, 2 Mass. App. Ct. 817, 1974 Mass. App. LEXIS 755

DecidedApril 8, 1974

StatusPublished

This text of 309 N.E.2d 890 (Clauretie v. Board of Park Commissioners) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clauretie v. Board of Park Commissioners, 309 N.E.2d 890, 2 Mass. App. Ct. 817, 1974 Mass. App. LEXIS 755 (Mass. Ct. App. 1974).

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Opinion

This petition for a writ of certiorari seeks to quash a decision of the board of park commissioners (the board) rejecting the petitioner’s bid for a refreshment concession at a city park under a contract for one year from June 1, 1972, through May 31, 1973, and to order that the board award the contract to the petitioner. Being of the opinion that the case is moot, we need not [818]*818discuss its merits. The contract was to be for a year and the desired termination date has long since passed. See Selectmen of Lakeville v. Alcoholic Beverages Control Commn. 329 Mass. 769 (1953); Chiara v. Zoning Bd. of Appeals of Methuen, ante, 796 (1974). The decision of the Superior Court judge, which we treat as an order for judgment, is to be modified to read: “The subject matter of this petition having become moot, the petition is dismissed”; and as so modified is affirmed.

Joseph P. Harrington, for the petitioner. Richard J. Moore, Assistant City Solicitor, for the respondent.

So ordered.

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This petition for a writ of certiorari seeks to quash a decision of the board of park commissioners (the board) rejecting the petitioner’s bid for a refreshment concession at a city park under a contract for one year from June 1, 1972, through May 31, 1973, and to order that the board award the contract to the petitioner. Being of the opinion that the case is moot, we need not [818]*818discuss its merits. The contract was to be for a year and the desired termination date has long since passed. See Selectmen of Lakeville v. Alcoholic Beverages Control Commn. 329 Mass. 769 (1953); Chiara v. Zoning Bd. of Appeals of Methuen, ante, 796 (1974). The decision of the Superior Court judge, which we treat as an order for judgment, is to be modified to read: “The subject matter of this petition having become moot, the petition is dismissed”; and as so modified is affirmed.

Joseph P. Harrington, for the petitioner. Richard J. Moore, Assistant City Solicitor, for the respondent.

So ordered.

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Bluebook (online)

309 N.E.2d 890, 2 Mass. App. Ct. 817, 1974 Mass. App. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clauretie-v-board-of-park-commissioners-massappct-1974.

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