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GAGE v. EGREMONT

409 Mass. 345 (1991)

566 N.E.2d 597

JOSEPHINE M. GAGE, trustee, vs. TOWN OF EGREMONT.

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 1991.

Attorney(s) appearing for the Case

Bart J. Gordon (Dennis J. Downing with him) for the defendant.

William L. Cohn for the plaintiff.

F. Sydney Smithers, IV, & Sarah H. Bell, for Berkshire County Regional Planning Commission, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, & LYNCH, JJ.

WILKINS, J.

The plaintiff landowner sought a declaration from the Land Court concerning the lawfulness of provisions in the zoning by-law of the defendant town that purported to bar the use of any land in the town for retail business or service purposes unless authorized by a special permit granted by the town's planning board.2 On cross motions for summary judgment, a judge of the Land Court...

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