Bob Ware's Food Shops, Inc. v. Town of Brookline

A corporation seeks declaratory relief under Gr. L. c. 231A against the town, the selectmen, the town treasurer, and the town building commissioner. It alleges that it owns land (lot 14A) on Centre Street, Brookline. Each defendant filed a demurrer asserting, among other things, that the bill does not state a basis for relief or any “controversy”; that the corporation has no standing; that G. L. c. 40, § 53, provides the exclusive remedy; and that there is “a want of necessary parties.” We have before us appeals from the interlocutory decrees sustaining the demurrers, and from a final decree…