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WOODS v. NEWTON

349 Mass. 373 (1965)

208 N.E.2d 508

BASIL K. WOODS & others vs. CITY OF NEWTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 22, 1965.

Attorney(s) appearing for the Case

Lawrence H. Adler for the plaintiffs.

Gael Mahony & Richard W. Renehan for Marriott Motor Hotels of Newton, Inc. & others and Matt B. Jones, City Solicitor, for the City of Newton & another, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

This suit for declaratory relief is brought by owners of residences in Newton adjacent to premises rezoned by a vote of the board of aldermen on November 4, and as to which petitions for permissive use and site plan approval and for a variance were granted by the board on November 18, and December 16, 1963, respectively. The bill alleges an actual controversy between the plaintiffs and the defendants (the city of Newton, its public buildings commissioner...

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