THE DOVER POOL & RACQUET CLUB, INC. v. BROOKING


366 Mass. 629 (1975)

322 N.E.2d 168

THE DOVER POOL & RACQUET CLUB, INC. vs. G. EDWARD BROOKING & another.

Supreme Judicial Court of Massachusetts, Norfolk.

January 13, 1975.


Attorney(s) appearing for the Case

James P. Whittier, III, for the defendants.

Ralph C. Copeland (Albert S. Robinson with him) for the plaintiff.

Present: TAURO, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

On January 31, 1972, the parties entered into a written contract for the sale of real estate in Dover and Medfield. A few days earlier, unknown to them, the planning board of Medfield had published a notice of a public hearing on a proposed amendment to the zoning bylaw. The proposed amendment would newly require a special permit for the use of the premises contemplated by both the vendor and the purchaser, and under G.L.c. 40A, § 11, the amendment...

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