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COMMONWEALTH v. SOSTILIO

351 Mass. 419 (1966)

221 N.E.2d 764

COMMONWEALTH vs. JOSEPH SOSTILIO.

Supreme Judicial Court of Massachusetts, Middlesex.

December 1, 1966.

Attorney(s) appearing for the Case

James W. Kelleher for the defendant.

Ralph F. Champa, Jr., Assistant District Attorney (Ruth I. Abrams, Assistant District Attorney, with him), for the Commonwealth.

Jordan L. Ring, Daniel Klubock & Jerry J. DiGeronimo, for the Town of Natick, amicus curiae, submitted a brief.

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

WILKINS, C.J.

An interlocutory report under G.L.c. 278, § 30A, by a judge of the Superior Court presents the question raised before trial by a motion to dismiss a criminal complaint: "Is a town authorized to impose a criminal penalty for violation of a provision of its zoning by-laws?" The complaint, issued by the District Court of Natick, charged the defendant with violation of "Section IIIA, number 44" of the zoning by-law of the town of Natick in that on or...

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