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CORPORATION WAY REALTY TR. v. BUILD. COMMR. OF MEDFORD

348 Mass. 732 (1965)

205 N.E.2d 718

CORPORATION WAY REALTY TRUST vs. BUILDING COMMISSIONER OF MEDFORD.

Supreme Judicial Court of Massachusetts, Middlesex.

April 2, 1965.

Attorney(s) appearing for the Case

Louis Karp for the petitioner.

Mark E. Gallagher, City Solicitor, for the respondent.

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

WHITTEMORE, J.

The issue in this proceeding for a writ of mandamus is whether a provision of the Medford zoning ordinance, requiring approval of the "board of aldermen" of an application for a permit for the construction of a building for certain uses, operated to require the approval of the city council after the adoption by the city in 1949 of a Plan E charter under G.L.c. 43, §§ 93-116. The prior charter of Medford, St. 1903, c. 345, § 2, provided...

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