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DUANE v. QUINCY

350 Mass. 59 (1966)

213 N.E.2d 250

HERBERT T. DUANE & others vs. CITY OF QUINCY.

Supreme Judicial Court of Massachusetts, Norfolk.

January 4, 1966.

Attorney(s) appearing for the Case

Harry Pavan for the petitioners.

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

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

KIRK, J.

Under G.L.c. 231A the petitioners, hundreds in number, and all residents and taxpayers of the city of Quincy (the city), seek a determination of the constitutionality of St. 1964, c. 666,1 which authorized and empowered the city to construct a refuse disposal incinerator on designated land owned by it, "[n]otwithstanding any zoning ordinance, or any general or special law to the contrary...

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