Heller at al v. Town of Milford et al

Plaintiff unlikely to establish standing under G.L. c. 40, s. 53.

Issue

Can the ten taxpayer statute, G.L. c. 40, s. 53, be used to challenge the appointment of a Town official?

Challenge

The Milford Board of Selectmen appointed an interim police chief. A group of taxpayers sued to challenge the decision based on the appointee’s qualifications and other issues using G.L. c. 40, s. 53, and sought a preliminary injunction invalidating the appointment.

Outcome

The Superior Court denied the plaintiffs’ motion for preliminary injunction, finding they were unlikely to establish standing under G.L. c. 40, s. 53 because an attack upon an official’s title to office is not a suit against illegal expenditures that is permitted under the statute, and finding that the Board of Selectmen could appoint an interim police chief with limited authority consistent with G.L. c. 41, s. 97A, s. 108O and relevant state regulations.