COMMONWEALTH v. JAFFE


398 Mass. 50 (1986)

494 N.E.2d 1342

COMMONWEALTH vs. LEON D. JAFFE (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

July 15, 1986.


Attorney(s) appearing for the Case

Gerald S. Cournoyer, Jr., for the defendants.

Michael D. Baseman, Assistant City Solicitor, for the Commonwealth.

Marjorie Heins & Kathleen M. Sullivan for Massachusetts Civil Liberties Union Foundation, amicus curiae, submitted a brief.

Judith Kaye & Charles Vander Linden, for Legal Assistance Corporation of Central Massachusetts on behalf of Marta Mojica, amicus curiae, submitted a brief.

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


ABRAMS, J.

The defendants, the owners of an eight-bedroom house in the city of Newton that they rented to eight unrelated tenants, were convicted of violation of § 30-5(a) of the zoning ordinance of the city of Newton by designing, arranging, or constructing a structure as a dwelling for more than one family and by using the structure as a dwelling for more than one family.2 In response to the defendants' motions for required findings...

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