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BLAKELEY v. GORIN

365 Mass. 590 (1974)

313 N.E.2d 903

GERALD W. BLAKELEY, JR., & others, trustees, vs. HARRY N. GORIN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 12, 1974.

Attorney(s) appearing for the Case

John R. Hally for Harry N. Gorin & others.

James D. St. Clair (Thomas J. Sartory with him) for Gerald W. Blakeley, Jr., & others, trustees.

Thomas J. Crowley & Kevin Curry, Assistant Attorneys General, for the Attorney General, amicus curiae, submitted a brief.

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

HENNESSEY, J.

This is an appeal from a final decree of the Superior Court in equity on a petition brought pursuant to the provisions of G.L.c. 240, § 10A. The petitioners, owners of a parcel of land subject to certain restrictions known as the Commonwealth Restrictions, seek a determination and declaration that the restrictions are obsolete and unenforceable. More specifically, they seek such relief under the terms...

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