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SISTERS OF HOLY CROSS OF MASSACHUSETTS v. BROOKLINE

347 Mass. 486 (1964)

198 N.E.2d 624

SISTERS OF THE HOLY CROSS OF MASSACHUSETTS vs. TOWN OF BROOKLINE & another (and a companion case).

Supreme Judicial Court of Massachusetts, Norfolk.

May 13, 1964.

Attorney(s) appearing for the Case

Claude B. Cross (John M. Reed & Phillip Cowin, Town Counsel, with him) for the defendants.

Charles F. Mahoney for the interveners.

Henry M. Leen for the plaintiff.

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

SPIEGEL, J.

The plaintiff, Sisters of the Holy Cross (Holy Cross), in one suit against the town of Brookline (the town) and the Building Commissioner of the town of Brookline (Commissioner) seeks a declaration under G.L.c. 231A that its land in Brookline is not subject to the zoning by-law of the town and that it is entitled to a permit for the construction of a multipurpose college building. The other suit is an appeal by Holy Cross under G.L.c. 40A, § 21, from...

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