KITTY v. SPRINGFIELD


343 Mass. 321 (1961)

178 N.E.2d 580

FRED J. KITTY & others vs. CITY OF SPRINGFIELD & others.

Supreme Judicial Court of Massachusetts, Hampden.

December 11, 1961.


Attorney(s) appearing for the Case

Robert A. Gelinas, for the plaintiffs.

Arthur A. Frankl, for the defendant Ernest F. Carlson, Inc.

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


CUTTER, J.

Three residents of Springfield seek (1) a declaration whether Springfield's zoning ordinance has been validly amended to rezone certain land, and (2) an injunction to prevent the building commissioner from issuing a permit to build a multiple dwelling. This dwelling would not comply with the zoning ordinance if the amendment is invalid. The case was referred to a master, whose report was confirmed. By final decree the bill was dismissed. The plaintiffs...

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