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DOLINER v. TOWN CLERK OF MILLIS

343 Mass. 10 (1961)

175 N.E.2d 925

JULIUS DOLINER, trustee, vs. TOWN CLERK OF MILLIS & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 1961.

Attorney(s) appearing for the Case

John J. Fitzpatrick, (Eugene L. Tougas with him,) for the petitioner.

Samuel H. Cohen, (Anthony T. Petrocca with him,) for the respondents.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

This is a petition by the trustee of a real estate trust, which owns land in Millis, for a writ of mandamus to require (a) the town clerk to expunge from the records of a town meeting held on March 9, 1959, a vote adopting an amendment of the town zoning by-law, and (b) the building inspector to enforce the by-law as it stood prior to the 1959 amendment. Substantial testimony was taken before a judge of the Superior Court (not the judge who dealt with the...

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