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MARTIN v. ROCKLAND

1 Mass. App. Ct. 167 (1973)

294 N.E.2d 469

ALLEN E. MARTIN & others vs. TOWN OF ROCKLAND & another.

Appeals Court of Massachusetts, Plymouth.

March 15, 1973.

Attorney(s) appearing for the Case

Kenneth J. Elias (Robert S. Creedon, Jr., with him) for Allen E. Martin.

Walter J. Connelly for Mobil Oil Corporation.

William J. Cantelmo for the town of Rockland.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

HALE, C.J.

The plaintiffs brought a bill under G.L. c. 231A seeking a declaration that an amendment to the zoning by-law of the town of Rockland passed under article 45 of the warrant for the 1970 annual town meeting is invalid. The case was tried before a Superior Court judge who took a view and entered a final decree declaring the amendment to be valid. The plaintiffs appeal from this decree. The sole issue before...

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