TURNPIKE REALTY CO. v. DEDHAM


362 Mass. 221 (1972)

284 N.E.2d 891

TURNPIKE REALTY COMPANY, INC. vs. TOWN OF DEDHAM.

Supreme Judicial Court of Massachusetts, Norfolk.

June 26, 1972.


Attorney(s) appearing for the Case

Antonino F. Iovino for the petitioner.

Herbert P. Wilkins (Acheson H. Callaghan, Jr. & Jeffrey Swope with him) for the respondent.

John A. Perkins, Town Counsel, joined in a brief.

Present: TAURO, C.J., SPIEGEL, BRAUCHER, & HENNESSEY, JJ.


SPIEGEL, J.

The petitioner, the owner of 61.9 acres of land in Dedham, brought this petition in the Land Court under the provisions of G.L.c. 185, § 1 (j 1/3), and c. 240, § 14A, to determine, inter alia, the validity of an amendment to a zoning by-law as applied to the land of the petitioner. The judge in his decision ruled that the by-law "was a valid exercise of the authority and powers conferred upon the respondent ... by ... [G.L.c.] 40A and is in full...

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