TAUNTON GREYHOUND ASSOCIATION, INC. v. DIGHTON


373 Mass. 60 (1977)

364 N.E.2d 1234

TAUNTON GREYHOUND ASSOCIATION, INC. vs. TOWN OF DIGHTON.

Supreme Judicial Court of Massachusetts, Bristol.

July 11, 1977.


Attorney(s) appearing for the Case

William I. Cowin (Ronald H. Rappaport with him) for the plaintiff.

David T. Gay, Town Counsel, for the defendant.

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


KAPLAN, J.

The plaintiff Taunton Greyhound Association, Inc., owner and, as licensee of the State Racing Commission, the operator of a dog racing track located partly in the town of Dighton, sought a declaration of the unconstitutionality of a town by-law and injunctive relief against its enforcement. A statement of agreed facts describes the situation.

On nights during the months of September, October, and November assigned to the plaintiff by the commission...

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