MORGAN v. BANAS


331 Mass. 694 (1954)

122 N.E.2d 369

SYDNEY S. MORGAN & others vs. JOHN BANAS & others.

Supreme Judicial Court of Massachusetts, Hampden.

November 3, 1954.


Attorney(s) appearing for the Case

Charles V. Ryan, Jr., (James F. Egan with him,) for the plaintiffs.

Joseph P. Zajac, for the defendant Banas.

Donald A. Clancy, Associate City Solicitor, for the defendants city council and mayor of Springfield.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

This is a bill for a declaratory decree as to the validity of an amendment to the zoning ordinance of Springfield whereby certain land of the defendant Banas on the north side of Boston Road was changed from "Residence B" to "Business A." The trial judge found the amendment valid. Beyond this he made no express findings. He dismissed the bill. The evidence is reported.

The plaintiffs insist that the amendment is invalid for several reasons with which...

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