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HALLENBORG v. TOWN CLERK OF BILLERICA

360 Mass. 513 (1971)

275 N.E.2d 525

RALPH I. HALLENBORG & others vs. TOWN CLERK OF BILLERICA & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 22, 1971.

Attorney(s) appearing for the Case

Frederick J. Conroy for the petitioners.

Richard K. Donahue for the interveners Content Homes, Inc. & others.

Edward J. Owens, Town Counsel, for the respondents, submitted a brief.

Joseph P. Collins, for the Board of Selectmen of Billerica, amicus curiae, submitted a brief.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & HENNESSEY, JJ.

CUTTER, J.

Residents and taxpayers of Billerica on October 20, 1969, filed this petition for a writ of mandamus (a) to compel the town clerk to strike from the town zoning by-law a certain amendment (permitting apartment houses in Billerica) adopted on March 29, 1969, and (b) to order the town inspector of buildings to enforce the zoning by-law as it existed prior to March 29, 1969, and to revoke all building permits for apartment houses. Certain holders of building...

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