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MARSHAL HOUSE v. RENT REVIEW & GRIEVANCE BD, BROOKLINE

357 Mass. 709 (1970)

260 N.E.2d 200

MARSHAL HOUSE, INC. vs. RENT REVIEW AND GRIEVANCE BOARD OF BROOKLINE & another.

Supreme Judicial Court of Massachusetts, Norfolk.

June 18, 1970.

Attorney(s) appearing for the Case

James D. St. Clair (Stephen H. Oleskey with him) for the petitioner.

Eric Verrill (Acheson H. Callaghan, Jr., with him) for the Rent Review and Grievance Board of Brookline & another.

Joseph J. Hurley, First Assistant Attorney General, & Edward L. Schwartz, Assistant Attorney General, for the Attorney General, submitted a brief.

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

CUTTER, J.

The plaintiff (Marshal House) owns more than ten units of housing accommodations in Brookline. It seeks declaratory relief against the board and the town concerning art. XXV (the by-law) of the Brookline by-laws, entitled "Unfair and Unreasonable Rental Practices in Housing Accommodations." The pleadings, by agreement of the parties, constitute a case stated. The case has been reported without decision by a Superior Court judge, who granted (by an interlocutory...

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