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LaBRANCHE v. A.J. LANE & CO.

404 Mass. 725 (1989)

537 N.E.2d 119

VICTOR LaBRANCHE & others vs. A.J. LANE & COMPANY, INC.

Supreme Judicial Court of Massachusetts, Essex.

April 24, 1989.

Attorney(s) appearing for the Case

John M. Kahn for A.J. Lane & Company, Inc.

Mitchell J. Sikora (Theodore Xenakis, City Solicitor, with him) for the City Council of Haverhill.

John F. Shea for the plaintiffs.

Robin E. Hall, Special Assistant Attorney General, for the Secretary of the Commonwealth, amicus curiae, submitted a brief.

Present: WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

ABRAMS, J.

At issue in this case is whether the voters of Haverhill validly rescinded an amendment to that city's zoning ordinance by a referendum. The city council of Haverhill (council) voted in August and September, 1986, to amend c. 255, § 87, of the Haverhill zoning code, and to grant a special permit to A.J. Lane & Company, Inc. (Lane), to build a proposed planned unit development (PUD).3...

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