MacKeen v. Town of Canton

The plaintiffs, who are registered voters in the town of Canton, seek a determination that an amendment of the town’s zoning by-law acted on at its 1978 annual town meeting was not lawfully adopted. See G. L. c. 231A; G. L. c. 40A, § 5. Article 15 of the warrant for that town meeting proposed to change the zoning of a parcel of land owned by the defendant Codex Corporation from a single residence AA district to a limited industrial district. At an adjourned session on April 19, 1979, the town, which has an open town meeting, voted by more than the required two-thirds vote (see G. L. c. 40A, §…