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NOONAN v. MOULTON

348 Mass. 633 (1965)

204 N.E.2d 897

WILLIAM J. NOONAN & others vs. CHARLES W. MOULTON & others.

Supreme Judicial Court of Massachusetts, Norfolk.

March 3, 1965.

Attorney(s) appearing for the Case

John R. Hally for Charles W. Moulton & others.

William A. Cross, Town Counsel, for the Town of Needham & others.

Daniel G. Rollins (John J. Ryan with him) for the plaintiffs.

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

WILKINS, C.J.

This bill in equity seeks a declaratory decree (G.L.c. 231A) as to the validity of votes of the town of Needham in two town meetings amending its zoning by-laws. The first votes, at a special town meeting of March 22, 1961, created a new category designated "Apartment districts." This was not applied to any specific land until a vote at the annual meeting of March 19, 1962, transferred to this category five...

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