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GREATER BOSTON REAL ESTATE BOARD v. CITY OF BOSTON

428 Mass. 797 (1999)

GREATER BOSTON REAL ESTATE BOARD v. CITY OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1999.

Attorney(s) appearing for the Case

John J. Kuzinevich (Lynn A. Moretti with him) for city of Boston.

James M. McCreight for Massachusetts Tenants Organization & others.

Ieuan G. Mahoney for the plaintiff.

Present: WILKINS, C.J., LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

LYNCH, J.

The plaintiff, Greater Boston Real Estate Board, sought a declaration in the Boston Division of the Housing Court Department invalidating Chapter 3 of the Ordinances of 1996 of the city of Boston (ordinance). The plaintiff argued that the ordinance exceeded the authority vested in the city by St. 1983, c. 527 (enabling act). The parties submitted the case to the judge on cross motions for summary judgment, stipulating...

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