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BOB WARE'S FOOD SHOPS, INC. v. BROOKLINE

349 Mass. 385 (1965)

208 N.E.2d 505

BOB WARE'S FOOD SHOPS, INC. vs. TOWN OF BROOKLINE & others.

Supreme Judicial Court of Massachusetts, Norfolk.

June 22, 1965.

Attorney(s) appearing for the Case

Daniel G. Rollins for the plaintiff.

John M. Reed (Phillip Cowin, Town Counsel, with him) for the defendants.

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

CUTTER, J.

A corporation seeks declaratory relief under G.L.c. 231A against the town, the selectmen, the town treasurer, and the town building commissioner. It alleges that it owns land (lot 14A) on Centre Street, Brookline. Each defendant filed a demurrer asserting, among other things, that the bill does not state a basis for relief or any "controversy"; that the corporation has no standing; that G.L.c. 40, § 53, provides the exclusive remedy; and that there...

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