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NEW YORK CENTRAL RAILROAD v. DEPT. OF PUB. UTILITIES

347 Mass. 586 (1964)

199 N.E.2d 319

NEW YORK CENTRAL RAILROAD COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1964.

Attorney(s) appearing for the Case

Richard J. Ferriter for New York Central Railroad Company.

Samuel Adams, Assistant Attorney General, for the Department of Public Utilities.

Joseph H. Lewis, Town Counsel (Harris Altman with him), for the intervener, Town of Framingham.

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

CUTTER, J.

This is an appeal under G.L.c. 25, § 5, as amended, from a decision of the department denying (with two commissioners dissenting) the railroad's petition (filed August 26, 1963) for an exemption of certain land from the operation of the Framingham zoning by-law. See G.L.c. 40A, § 10.1 The town has been permitted to intervene. The railroad desires to use the land for parking...

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