PAQUETTE v. FALL RIVER


338 Mass. 368 (1959)

155 N.E.2d 775

ALCIDE G. PAQUETTE & others vs. CITY OF FALL RIVER.

Supreme Judicial Court of Massachusetts, Bristol.

January 15, 1959.


Attorney(s) appearing for the Case

David Entin, Corporation Counsel, (John T. Farrell, Jr., Assistant Corporation Counsel, with him,) for the defendant.

H. William Radovsky, for the plaintiffs.

Benjamin Horvitz, by leave of court, submitted a brief as amicus curiae.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


WILKINS, C.J.

The plaintiffs, owners of "cold water flats," bring this bill under G.L.c. 231A for a declaration as to the validity of "Housing Ordinance of the City of Fall River" enacted on October 13, 1955 (c. 28 of Revised Ordinances, 1948), pursuant to G.L.c. 143, § 3 (as amended through St. 1951, c. 85). The case was referred to a master, who filed a report which was confirmed. The judge ruled that "the ordinance, as enacted, is arbitrary, unreasonable and...

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