Greater Boston Real Estate Board v. City of Boston

The plaintiff, Greater Boston Real Estate Board, sought a declaration in the Boston Division of the Housing Court Department invalidating Chapter 3 of the Ordinances of 1996 of the city of Boston (ordinance). The plaintiff argued that the ordinance exceeded the authority vested in the city by *798St. 1983, c. 527 (enabling act). The parties submitted the case to the judge on cross motions for summary judgment, stipulating that no genuine issue of material fact was in dispute.

The judge declared that the ordinance exceeded the authority granted to the city by the enabling act and further concluded…