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GOODWIN v. BOARD OF SELECTMEN OF HOPKINTON

358 Mass. 164 (1970)

261 N.E.2d 60

FRANK P. GOODWIN, JR. & others vs. BOARD OF SELECTMEN OF HOPKINTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 13, 1970.

Attorney(s) appearing for the Case

J. Fleet Cowden for the petitioners.

Eugene L. Tougas for Pyne Sand & Stone Co., Inc.

Robert T. Nealon, Town Counsel, for the Board of Selectmen of Hopkinton, joined in a brief.

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

QUIRICO, J.

This is a petition for a writ of mandamus by eighteen persons (petitioners) who are residents of the town of Hopkinton (town) against the board of selectmen (selectmen) of the town, and Pyne Sand & Stone Co., Inc. (Pyne). The petitioners seek a writ ordering the selectmen to revoke an earth removal permit which they issued to Pyne. The case was heard on the basis of the testimony and exhibits at an earlier...

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