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FRAMINGHAM v. DEPARTMENT OF PUBLIC UTILITIES

351 Mass. 127 (1966)

218 N.E.2d 89

TOWN OF FRAMINGHAM vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 1966.

Attorney(s) appearing for the Case

Edward M. Dangel (Leo E. Sherry, Joseph H. Lewis, Town Counsel, & Margery C. Leonard with him) for the Town of Framingham.

Richard J. Ferriter for The New York Central Railroad Company (Peter Roth, Assistant Attorney General, for the Department of Public Utilities, with him).

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

SPIEGEL, J.

This is an appeal under G.L.c. 25, § 5, from a decision by the Department of Public Utilities under G.L.c. 40A, § 10,1 exempting land owned by the New York Central Railroad from the operation of the town of Framingham zoning by-law. The case was reserved and reported without decision by a single justice "on the petition for appeal, the answers, and the record, including the transcript and exhibits."

The railroad...

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