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ROSKO v. MARLBOROUGH

355 Mass. 51 (1968)

242 N.E.2d 857

MICHAEL J. ROSKO & others vs. CITY OF MARLBOROUGH.

Supreme Judicial Court of Massachusetts, Middlesex.

December 10, 1968.

Attorney(s) appearing for the Case

J. Fleet Cowden for the petitioners.

William J. Brennan, City Solicitor, & Eugene L. Tougas for the respondent.

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

REARDON, J.

This petition was brought in the Land Court under G.L.c. 185, § 1 (j 1/2), and c. 240, § 14A, to test the validity of two amendments to the zoning ordinance of Marlborough. The parties filed stipulations on certain facts. In his decision the judge found to be valid a zoning amendment adopted by the city council on March 27, 1967, and thereafter approved by the mayor. Since this amendment superseded the...

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