Licensed to non-actual locations

[A. Joseph Ross]

On 30 Jan 2008 at 9:08, Dan.Strassberg wrote:

> How does that square with the recent situation in a couple of towns in
> the north-central part of the state (Shirly and Ayer, maybe)? There
> was a move to take land from these towns to create a new town that
> would have been named Devens and would have encompassed much of what
> used to be Fort Devens. Didn't happen because the the citizens of the
> affected communities voted against it in a referendum (by a narrow
> margin, I believe). I don't think the referendum was in any way
> optional. It had to pass with the voters in the towns that would lose
> the land before the territory could be annexed to form the new town.
 
In one sense it's optional, in another, it isn't.  The Legislature 
will generally not create a new town or change municipal boundaries 
without approval of the people concerned, nowadays in a referendum, 
once upon a time in a town meeting.  That's why, in 1873, when 
Brookline Town Meeting voted against annexation, it ended there.  The 
Legislature had the power to force annexation on Brookline, but it 
refrained.

There are exceptions, however, and the abolition of four Quabbin 
towns was one.  In that case, the state took all the property by 
eminent domain for the reservoir, and the people concerned had no say 
in the matter.

-- 
A. Joseph Ross, J.D.                           617.367.0468
 92 State Street, Suite 700                   Fax 617.507.7856
Boston, MA 02109-2004           	         http://www.attorneyross.com