NEWELL v. RENT BOARD OF PEABODY


378 Mass. 443 (1979)

392 N.E.2d 837

CLINTON B. NEWELL & others vs. RENT BOARD OF PEABODY & others.

Supreme Judicial Court of Massachusetts, Essex.

July 5, 1979.


Attorney(s) appearing for the Case

John A. McNiff for the plaintiffs.

Ronald D. D'Avolio, Assistant City Solicitor, for the defendants.

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


WILKINS, J.

The plaintiffs challenge the validity of an ordinance of the city of Peabody, regulating mobile home park rents and evictions, enacted pursuant to authority purportedly granted by a special act of the Legislature. St. 1976, c. 131. They filed a complaint seeking a declaration that the ordinance is unconstitutional because the special act was not properly enacted pursuant to the Home Rule Amendment (art. 2 of the Amendments to the Constitution of the Commonwealth...

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