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MARSHAL HOUSE, INC. v. RENT CONTROL BOARD OF BROOKLINE

358 Mass. 686 (1971)

266 N.E.2d 876

MARSHAL HOUSE, INC. vs. RENT CONTROL BOARD OF BROOKLINE & others (and three companion cases).

Supreme Judicial Court of Massachusetts, Norfolk, Middlesex.

February 10, 1971.

Attorney(s) appearing for the Case

James D. St. Clair (Stephen H. Oleskey with him) for Marshal House, Inc., & others.

Roger S. Davis for William W. Goldman & others.

Sarah M. Raney (John L. Mason, Jr., with her) for Esther M. Carroll & another.

John M. Reed (Phillip Cowin, Town Counsel of Brookline, & Robert J. Muldoon, Jr., with him) for Rent Control Board of Brookline & others.

Philip M. Cronin, City Solicitor, for the Rent Control Administrator of Cambridge & others.

John C. Cratsley for Mary L. McCloud.

Robert J. Condlin, Deputy Assistant Attorney General, for the Attorney General.

Sanford Konstadt for James Bush.

Kenneth A. Korb, Rudolph Kass, & Carl E. Axelrod for Brookline Landowners Association, amicus curiae, submitted a brief.

Herbert P. Gleason, Corporation Counsel, & John M. Hyson, Assistant Corporation Counsel, for the City of Boston, amicus curiae, submitted a brief.

Michael E. Faden, for Massachusetts Tenants Organizing Committee & others, amici curiae, submitted a brief.

Present: TAURO, C.J., SPIEGEL, REARDON, QUIRICO, JJ.

REARDON, J.

These four cases consolidated for appeal bring to us questions arising out of two recently enacted Massachusetts rent control statutes. The constitutionality of these statutes is under attack in three principal suits seeking declaratory and injunctive relief. In all three the existence of an actual controversy is admitted by the principal parties.

Marshal House, Inc. (Marshal House) seeks a binding determination against the town of Brookline, its...

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