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FITZ-INN AUTO PARKS, INC. v. BOSTON

389 Mass. 79 (1983)

448 N.E.2d 1258

FITZ-INN AUTO PARKS, INC. vs. CITY OF BOSTON & OTHERS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 1983.

Attorney(s) appearing for the Case

Paul G. Counihan (George L. Bernstein with him) for the plaintiff.

John R. Devereaux, Assistant Corporation Counsel, for the defendants.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.

WILKINS, J.

The plaintiff Fitz-Inn Auto Parks, Inc. (Fitz-Inn), sought a declaration of its rights concerning regulations issued by the defendant Boston air pollution control commission (commission) in July, 1978, and approved by the Commonwealth of Massachusetts Department of Environmental Quality Engineering in August, 1978. The regulations, entitled Procedures and Criteria for Issuance of Parking Freeze Permits, limit...

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