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DOLINER v. PLANNING BOARD OF MILLIS

349 Mass. 691 (1965)

212 N.E.2d 460

JULIUS DOLINER, trustee, vs. PLANNING BOARD OF MILLIS.

Supreme Judicial Court of Massachusetts, Norfolk.

December 7, 1965.

Attorney(s) appearing for the Case

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

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

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

CUTTER, J.

This is a further stage of the controversy discussed in Doliner v. Planning Bd. of Millis, 343 Mass. 1, decided June 9, 1961, hereafter called the 1961 decision. See also Doliner v. Town Clerk of Millis, 343 Mass. 10. We restate certain facts then before us.

On March 9, 1959, the town voted to adopt a proposed zoning by-law and to repeal the then...

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