Jewel Companies, Inc. v. Town of Burlington

The town of Burlington appeals from the interlocutory and final decrees of the Superior Court overruling its demurrer to a bill for declaratory and in-junctive relief, declaring invalid the two town by-laws involved, and dismissing the town’s counterclaim for a decree of their validity. The plaintiff, owner of the Burlington Star Market, challenges the validity of §§ 17 and 17A of art. XI of the general by-laws of the town of Burlington on the grounds that they are beyond the powers granted to the defendant by G. L. c. 40, § 21 (1), and that they deny the plaintiff due process and equal…