CONCORD v. ATTORNEY GENERAL


336 Mass. 17 (1957)

142 N.E.2d 360

TOWN OF CONCORD & another vs. ATTORNEY GENERAL (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Suffolk.

May 6, 1957.


Attorney(s) appearing for the Case

Roger P. Stokey, (Robert E. Goodwin & Marshall Simonds with him,) for the petitioners.

Joseph H. Elcock, Jr., Assistant Attorney General, for the respondent.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & CUTTER, JJ.


WILKINS, C.J.

A purported amendment of a provision of the zoning by-law of the town of Concord was disapproved by an order of the Attorney General. The petitioners are the town and Macone Brothers, Inc., who own all the land the rezoning of which is in dispute. The petitions are respectively for a writ of mandamus and for a writ of certiorari, the main prayer in each being for a direction to the respondent to "revoke ab initio, quash and expunge" the order. To each...

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