Decoulos v. City of Peabody

The plaintiff, owner of about 14.44 acres of land (the locus) on Route 114, seeks declaratory relief against the city and its building inspector concerning the validity of §§ 7-A-l and 7-A-2 of the city’s amended zoning ordinance as applied to the locus. The final decree declared (a) § 7-A-2 to be invalid 1 and (b) § 7-A-l to be valid. The plaintiff appealed. The case is before us on the pleadings and a report of material facts.

Section 7-A-l of the zoning ordinance, contained in a 1969 amendment of the ordinance, permits certain specified commercial uses on the locus (and certain other land…