MARSHALL v. TOPSFIELD


13 Mass. App. Ct. 425 (1982)

433 N.E.2d 1244

ALFRED MARSHALL vs. TOWN OF TOPSFIELD.

Appeals Court of Massachusetts, Suffolk.

April 16, 1982.


Attorney(s) appearing for the Case

William G. Evans, Town Counsel, for the defendant.

Israel Bloch for the plaintiff.

Present: ARMSTRONG, PERRETTA, & KASS, JJ.


KASS, J.

By a complaint under G.L.c. 240, § 14A, as amended through St. 1977, c. 829, § 14, and G.L.c. 185, § 1 (j 1/2), as amended through St. 1978, c. 478, §§ 81 and 82, Marshall, a landowner in Topsfield, sought a determination of the validity of certain zoning by-law amendments which Topsfield adopted in 1978 at its annual town meeting. As to a newly created Business District Park (BDP) zone, Marshall claimed that the by-law, by reason...

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