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WOODS v. NEWTON

351 Mass. 98 (1966)

217 N.E.2d 728

BASIL K. WOODS & others vs. CITY OF NEWTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 8, 1966.

Attorney(s) appearing for the Case

Lawrence H. Adler (Fred B. Wilcon with him) for the plaintiffs.

Gael Mahony (Richard W. Renehan & Joseph D. Steinfield with him) for Marriott Motor Hotels of Newton, Inc. & others; Matt B. Jones, City Solicitor, for the City of Newton & another, also with him.

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

WHITTEMORE, J.

These are appeals by the plaintiffs and the defendants from a declaratory decree of the Superior Court of December 10, 1965. The decree, in paragraphs 1 and 2 respectively, declared the validity of the rezoning by the Newton board of aldermen, on November 4, 1963, of nine and three-quarters acres of land in Norumbega Park (the locus) from Residence C to Business AA, and of the exception granted by the board on November 18, 1963, subject to nine conditions...

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