Iodice v. City of Newton

In July, 1977, the board of aldermen of Newton (board), acting pursuant to its designation as the special permit granting authority for the city, granted the plaintiff, Michael F. Iodice, special permits to construct apartment buildings on two parcels of land on Commonwealth Avenue. As required by § 30-29 (b) of the Revised Ordinances of the City of Newton (1973), as amended, each permit contained a condition specifying, in essence, that the plaintiff provide ten per cent of the proposed units to the Newton Housing Authority (housing authority) 2 for use in its subsidized lease program for…