Berger v. Town of Wellesley

This is a suit in equity under G. L. (Ter. Ed.) c. 231A by eleven residents of the town of Wellesley to obtain a binding declaration of the right of the town under its zoning by-law to lease certain land from the defendant Helen L. Fraser for the purpose of maintaining a municipal parking lot for automobiles. The premises are located partly in a single residence district and partly in a general residence district as designated and established by the zoning by-law. This by-law, at the time the bill was filed, provided in § 2 that in a single residence district premises shall not be altered or…