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CHAN v. TOWN OF BROOKLINE

Civ. A. No. 80-0020-MC.

484 F.Supp. 1283 (1980)

Paula CHAN et al. v. The TOWN OF BROOKLINE et al.

United States District Court, D. Massachusetts.

February 25, 1980.

Attorney(s) appearing for the Case

Philip S. Lapatin, Gaston, Snow & Ely Bartlett, Mitchel S. Ross, Bernkopf, Goodman & Baseman, Boston, Mass., for plaintiff.

Roger R. Lipson, Brookline, Mass., for Rent Control Bd., Town of Brookline.

Bruce E. Mohl, Jeffrey Jacobsen, Greater Boston Legal Services, Brookline, Mass., James H. Wexler, Greater Boston Legal Services, Dorchester, Mass., for defendant-intervenor Dupiton.

Isaac H. Braddock, David Turner, Boston, Mass., for Town of Brookline.

Donald K. Stern, Asst. Atty. Gen., Boston, Mass., for intervenor Atty. Gen.

MEMORANDUM AND ORDER

McNAUGHT, District Judge.

This action involves a challenge to the constitutionality of the so-called "Ban Amendment", § 9(a)(8) to the bylaws of the Town of Brookline. The challengers are Paula and Man Hoo Chan, recent purchasers of a condominium unit in that town. On January 22, 1980, the plaintiffs sought a preliminary injunction to prohibit the Town of Brookline and the Rent Control Board of the town from enforcing the amendment...

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