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JEWEL COMPANIES, INC. v. BURLINGTON

365 Mass. 274 (1974)

311 N.E.2d 539

JEWEL COMPANIES, INC. vs. TOWN OF BURLINGTON.

Supreme Judicial Court of Massachusetts, Middlesex.

May 7, 1974.

Attorney(s) appearing for the Case

David Berman, Town Counsel, for the town of Burlington.

Harold Rosenwald (Richard A. Perras with him) for Jewel Companies, Inc.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

HENNESSEY, J.

The town of Burlington appeals from the interlocutory and final decrees of the Superior Court overruling its demurrer to a bill for declaratory and injunctive relief, declaring invalid the two town by-laws involved, and dismissing the town's counterclaim for a decree of their validity. The plaintiff, owner of the Burlington Star Market, challenges the validity of §§ 17 and 17A of art. XI of the general by-laws of the town of Burlington on the...

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