Knight v. Building Inspector

It is clear from the evidence (including the 1970-1972 master plan) and from the judge’s findings, none of which can be pronounced clearly erroneous (see Marlow v. New Bedford, 369 Mass. 501, 508 [1976]), that the reasonableness of the 1974 rezoning of the locus from residential to neighborhood business uses was fairly debatable and that the plaintiffs have failed to show beyond a reasonable doubt that the rezoning conflicted with any of the provisions of G. L. c. 40A, §§ 2 and 3, as in effect prior to St. 1975, c. 808, § 3. See Crall v. Leominster, 362 Mass. 95, 101-103 (1972), and cases…