GILMORE v. QUINCY


346 Mass. 22 (1963)

190 N.E.2d 209

ROBERT O. GILMORE & others vs. CITY OF QUINCY.

Supreme Judicial Court of Massachusetts, Norfolk.

May 3, 1963.


Attorney(s) appearing for the Case

Douglas A. Randall, City Solicitor, for the defendant.

Harry Pavan, for the plaintiffs, submitted a brief.

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


WILKINS, C.J.

This bill by ninety-four citizens of the defendant city, resident in a Residence A or Residence B zone, seeks a binding declaration as to the validity of an ordinance which purports to rezone a parcel of 8.6954 acres of city owned land fronting on Quarry Street to permit the erection and maintenance of an incinerator. G.L.c. 231A. From a final decree declaring the ordinance to be invalid and enjoining the proposed use, the defendant appealed. The judge...

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