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IODICE v. NEWTON

397 Mass. 329 (1986)

491 N.E.2d 618

MICHAEL F. IODICE, trustee, vs. CITY OF NEWTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 17, 1986.

Attorney(s) appearing for the Case

Marshall F. Newman for the plaintiff.

Jerold S. Kayden for the city of Newton & another (with him Daniel M. Funk, City Solicitor, Madelyn N. Morris & G. Michael Peirce, Assistant City Solicitors, & Henry T. Goldman).

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

In July, 1977, the board of aldermen of Newton (board), acting pursuant to its designation as the special permit granting authority for the city, granted the plaintiff, Michael F. Iodice, special permits to construct apartment buildings on two parcels of land on Commonwealth Avenue. As required by § 30-29 (b) of the Revised Ordinances of the City of Newton (1973), as amended, each permit contained a condition...

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