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REID v. ACTING COMMR. OF THE DEPT., COMMUNITY AFFAIRS

362 Mass. 136 (1972)

284 N.E.2d 245

DUNCAN E. REID & another vs. ACTING COMMISSIONER OF THE DEPARTMENT OF COMMUNITY AFFAIRS & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 14, 1972.

Attorney(s) appearing for the Case

Joel Z. Eigerman (Dennis R. Kanin with him) for the petitioners.

Walter H. Mayo, III, Assistant Attorney General (Danielle E. deBenedictis, Deputy Assistant Attorney General, with him) for the Acting Commissioner of the Department of Community Affairs.

Herbert P. Gleason, Corporation Counsel, for the City of Boston (James J. Myers & Robert L. Green for the Boston Redevelopment Authority, with him).

Lewis H. Weinstein (Herbert L. Berman with him) for the interveners, Boston Urban Associates.

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

BRAUCHER, J.

The Park Plaza Urban Renewal Project has reached the stage where the Department of Community Affairs (the department) is required to hold a "public hearing" upon the plan therefor (the plan) pursuant to the sixth paragraph of G.L.c. 121B, § 48, as amended through St. 1971, c. 168. This appeal presents the single question whether the hearing is part of an "adjudicatory proceeding" as defined in G.L.c. 30A, § 1 (1), as amended through St. 1966...

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