AMERICAN SIGN & INDICATOR CORP. v. FRAMINGHAM


9 Mass. App. Ct. 66 (1980)

399 N.E.2d 41

AMERICAN SIGN AND INDICATOR CORP. vs. TOWN OF FRAMINGHAM & another.

Appeals Court of Massachusetts, Middlesex.

January 22, 1980.


Attorney(s) appearing for the Case

Aaron K. Bikofsky, Town Counsel, for the defendants.

Michael J. Portnoy for the plaintiff.

Present: BROWN, GREANEY, & DREBEN, JJ.


DREBEN, J.

This appeal raises the question whether the town of Framingham can regulate signs under a town by-law adopted pursuant to G.L.c. 93 and c. 43B which does not comply with the provisions of the Zoning Enabling Act, G.L.c. 40A. We hold that it can.

The plaintiff, American Sign and Indicator Corp., constructed and operated a changing message sign for the Sheraton Tara Hotel in Framingham. On September 13, 1976, the plaintiff was directed by a letter...

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