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TAYLOR v. HOUSING APPEALS COMMITTEE

451 Mass. 149 (2008)

WILLIAM TAYLOR & others vs. HOUSING APPEALS COMMITTEE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 2008.

Attorney(s) appearing for the Case

Jonathan D. Witten (Barbara M. Huggins with him) for William Taylor & others.

David A. Guberman, Assistant Attorney General, for Housing Appeals Committee.

David S. Weiss (Michael S. Rabieh with him) for Rising Tide Development, LLC, & another.

Theodore C. Regnante & Paul J. Haverty, for Citizens' Housing and Planning Association & another, amici curiae, submitted a brief.

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

COWIN, J.

At issue in this case is the validity of a regulation of the Department of Housing and Community Development (DHCD), 760 Code Mass. Regs. § 31.04(1)(a) (2004), which, among other things, sets the date on which a municipality's stock of low or moderate income housing is calculated for the purposes of G. L. c. 40B, §§ 20-23 (act).3 The act requires each municipality in the Commonwealth to devote ten per cent of its...

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