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ATTORNEY GENERAL v. DOVER

327 Mass. 601 (1951)

100 N.E.2d 1

ATTORNEY GENERAL vs. TOWN OF DOVER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1951.

Attorney(s) appearing for the Case

H.W. Radovsky, Assistant Attorney General, (L.E. Ryan & D.H. Stuart, Assistant Attorneys General, with him,) for the Attorney General.

C.C. Cabot, (J.N. Worcester & J.P. Weitzel with him,) for the defendants.

J.D. Fitzgerald of the District of Columbia & E.J. Duggan, and L. Pfeffer of New York, G.A. Berlin, & P. Baum, by leave of court, submitted briefs as amici curiae.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

QUA, C.J.

This is an information in equity originally brought in the Superior Court by the Attorney General under G.L. (Ter. Ed.) c. 40, § 30B, inserted by St. 1938, c. 133, § 2, as amended by St. 1950, c. 325, § 2, against the town of Dover and its selectmen to have declared invalid a by-law of the town purporting to exclude from districts zoned for "residence" any use of premises for sectarian educational purposes. The trial judge made findings of...

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