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NATIONAL AMUSEMENTS, INC. v. BOSTON

No. 89-P-860.

29 Mass. App. Ct. 305 (1990)

560 N.E.2d 138

NATIONAL AMUSEMENTS, INC. vs. CITY OF BOSTON.

Appeals Court of Massachusetts, Suffolk.

September 28, 1990.

Attorney(s) appearing for the Case

John R. Devereaux, Assistant Corporation Counsel (Mary Ellen Nolan with him) for the defendant.

Robert M. Bonin (Thaddeus P. Jankowski with him) for the plaintiff.

Saul A. Schapiro, Edward F. Kelly & Margaret M. Wittig, for Boston Redevelopment Authority, amicus curiae, submitted a brief.

Present: KASS, SMITH, & IRELAND, JJ.

KASS, J.

Although all rational presumptions favor the validity of an amendment by a municipality of its zoning code, we decide that the amendment of the Boston Zoning Code presented for review arbitrarily singled out the land of the plaintiff National Amusements, Inc. ("National"), for disparate treatment from similar land in the same zoning area. Accordingly, we affirm the decision of the Land Court judge which...

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