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DiRICO v. TOWN OF KINGSTON

No. SJC-10628.

458 Mass. 83 (2010)

JENNIFER DiRICO & others v. TOWN OF KINGSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

September 21, 2010.

Attorney(s) appearing for the Case

David H. Abbott (Andrew D. Berman with him) for the plaintiffs.

Jason R. Talerman for town of Kingston & another.

Howard G. Guggenheim, for Thorndike Development Corporation & others, was present but did not argue.

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

IRELAND, J.

We transferred this case here on our own motion to determine the validity of an amendment to the defendant town of Kingston's (town's) zoning bylaw that created a "smart growth" zoning overlay district (zoning amendment) pursuant to G. L. c. 40R and its enabling regulations, 760 Code Mass. Regs. §§ 59.00 (2005). The plaintiffs, who own and reside on land abutting or near the smart growth zoning district...

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