CHURCH v. BOSTON


370 Mass. 598 (1976)

351 N.E.2d 212

ALICE CHURCH & others vs. CITY OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 7, 1976.


Attorney(s) appearing for the Case

Gerald J. Billow (James J. Cotter with him) for the plaintiffs.

Kevin F. Moloney, Assistant Corporation Counsel (William J. Smith, Assistant Corporation Counsel, with him) for the city of Boston.

John O. Mirick (Richard J. Innis with him) for the Greater Boston Real Estate Board.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.


WILKINS, J.

The plaintiffs challenge the authority of the city of Boston to adopt a rent control ordinance which contains a "vacancy decontrol" provision. The plaintiffs, who seek injunctive and declaratory relief, contend that the special acts under which the city adopted its current rent control ordinance do not permit the city to exclude vacated premises from the operation of the city's rent control ordinance. The plaintiffs...

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