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BARRE MOBILE HOME PARK v. TOWN OF PETERSHAM

Civ. A. No. 83-1721-MA.

592 F.Supp. 633 (1984)

BARRE MOBILE HOME PARK, INC., Plaintiff, v. TOWN OF PETERSHAM, COUNTY OF WORCESTER, MASSACHUSETTS, Defendant.

United States District Court, D. Massachusetts.

September 11, 1984.

Attorney(s) appearing for the Case

Darragh K. Kasakoff, Seder & Chandler, Worcester, Mass., for plaintiff.

Charles B. Swartwood, III, Mountain, Dearborn & Whiting, Worcester, Mass., for Petersham.

OPINION

MAZZONE, District Judge.

This is an action for declaratory and injunctive relief brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202 by Barre Mobile Home Park, Inc. (Park) against the Town of Petersham (Petersham). The plaintiff seeks a declaration that Article IX (Trailers or Mobile Homes) and Article XVI (Zoning By-Law) of Petersham's by-laws are void and unconstitutional because they absolutely prohibit any mobile...

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