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The Supreme Judicial Court today sided with the City of Newton, ruling against Cabot, Cabot & Forbes that it can prevent housing from going up on 135 Wells Avenue. 

Universal Hub has all the details, as does Mass Lawyers Weekly (subscription required) but the bottom line is this: the deed restriction stands and trumps the 40b. The court said that while state and local law applies to permitting and approvals, it doesn’t apply to the deed restriction itself. 







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