SINN v. BOARD OF SELECTMEN OF ACTON


357 Mass. 606 (1970)

259 N.E.2d 557

LEROY G. SINN & others vs. BOARD OF SELECTMEN OF ACTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 1970.


Attorney(s) appearing for the Case

Harold M. Willcox (John C. Wyman with him) for Paul E. Manchester & others.

Herbert P. Wilkins, Town Counsel (Jon S. Richardson with him), for the respondents.

Eugene L. Tougas, for Leroy G. Sinn & others, submitted a brief.

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


SPALDING, J.

This petition for a writ of mandamus challenges a provision in the zoning by-law of the town of Acton (town) which exempts all municipal uses from the use restrictions of its zoning by-law. The case was heard on two stipulations of facts which incorporated numerous exhibits. On the basis of these stipulations the judge made findings of fact and ordered the petition dismissed. The petitioners appealed from judgment of dismissal. G.L.c. 213, § 1D....

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