335 Mass. 400 | Mass. | 1957
These are appeals from an interlocutory decree sustaining a demurrer and from a final decree dismissing a bill brought by the plaintiff as town manager of Saugus against the selectmen of said town (hereinafter called the defendants) to restrain them from interfering with the plaintiff in the performance of his duties as said manager, and against the temporary town manager to enjoin him from acting as town manager.
The bill alleges that the plaintiff was notified that the defendants on January 31, 1956, had passed a preliminary resolution that they intended to take a vote on March 3, 1956, to remove him as town manager for the specific reasons that they had no longer any confidence in him as town manager, that they had been informed that he did not desire to serve as town manager, and that the interests of the town would be better served by his removal as manager. A record of this vote was filed in the office of the town clerk on February 1, 1956. It also appears from the said bill that the defendants appointed one DeFronzo as temporary manager. He and the selectmen constitute all the defendants. The town is not named as a defendant.
The plaintiff paid no attention to this proceeding commenced by the defendants other than filing the instant bill on February 3, 1956. The plaintiff’s contention then was and now is that the preliminary resolution adopted by the selectmen on January 31, 1956, and filed with the town clerk did not set forth “in detail the specific reasons for his proposed removal” as required by St. 1947, c. 17, § 11, as amended by St. 1952, c. 199, § 1.
Said c. 17 provides a form of government for the town of Saugus. The selectmen were authorized to remove the manager by § 11.
No ground for equitable relief is shown by the bill. There was no jurisdiction in equity to try title to public office. An effective vote to remove him might not have been taken on March 3, 1956, and if a vote was taken, he was not without an available remedy. Prince v. Boston, 148 Mass. 285, 287-289. Brierley v. Walsh, 299 Mass. 292. Bell v. Treasurer of Cambridge, 310 Mass. 484, 490. High, Law of Injunctions (4th ed.) §§ 1312, 1313.
Interlocutory decree affirmed.
Final decree affirmed with costs of the appeal.
“The selectmen, by a majority vote of the full membership of the board, may remove the town manager. At least thirty days before such proposed removal shall become effective, the selectmen shall file a preliminary written