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MIDDLESEX & BOSTON ST. RY v. BD. OF ALDERMEN OF NEWTON

371 Mass. 849 (1977)

359 N.E.2d 1279

MIDDLESEX & BOSTON STREET RAILWAY COMPANY & another vs. BOARD OF ALDERMEN OF NEWTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 10, 1977.

Attorney(s) appearing for the Case

John M. Mullen for the plaintiffs.

Jason A. Rosenberg, Assistant City Solicitor, for the defendants.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, & KAPLAN, JJ.

QUIRICO, J.

On September 4, 1973, the defendant board of aldermen (the board), acting in its capacity as the special permit authority under the Newton zoning ordinance, granted a special permit to the plaintiff to erect fifty-four dwelling units in a garden apartment development on Commonwealth Avenue in that city. The board attached numerous conditions to the permit, but only two of them concern us in this case and they are reproduced in full in the margin of this...

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