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MacKEEN v. CANTON

379 Mass. 514 (1980)

399 N.E.2d 22

SHIRLEY J. MacKEEN & others vs. TOWN OF CANTON & another.

Supreme Judicial Court of Massachusetts, Norfolk.

January 11, 1980.

Attorney(s) appearing for the Case

F. Anthony Mooney for the plaintiffs.

Samuel Hoar (James E. McGuire with him) for the Codex Corporation.

Joseph H. Malloy, Town Counsel, for the town of Canton, joined in a brief.

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

WILKINS, J.

The plaintiffs, who are registered voters in the town of Canton, seek a determination that an amendment of the town's zoning by-law acted on at its 1978 annual town meeting was not lawfully adopted. See G.L.c. 231A; G.L.c. 40A, § 5. Article 15 of the warrant for that town meeting proposed to change the zoning of a parcel of land owned by the defendant Codex Corporation from a single residence AA district to a limited industrial district. At an adjourned...

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