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ROGERS v. TOWN OF NORFOLK

432 Mass. 374 (2000)

KRISTEN M. ROGERS v. TOWN OF NORFOLK & another.

Supreme Judicial Court of Massachusetts, Norfolk.

August 29, 2000.

Attorney(s) appearing for the Case

Thomas J. Carey, Jr., for the plaintiff.

George A. Hall, Jr., for the defendants.

Present: MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.

GREANEY, J.

We transferred this case to this court on our own motion to decide whether a provision of the zoning bylaw of the town of Norfolk that restricts the so-called footprint of a child care facility to 2,500 square feet is valid in light of G. L. c. 40A, § 3, third par., which limits a municipality's ability to subject child care operations to requirements contained in zoning ordinances and bylaws.

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