John M. Muldoon, Jr. Kenneth A. Axelrod for Brookline Landowners Association, amicus curiae, submitted a brief. Herbert P. Michael E. These four cases consolidated for appeal bring to us questions arising out of two recently enacted Massachusetts rent control statutes. The constitutionality of these statutes is under attack in three principal suits seeking declaratory and injunctive relief. In all three the existence of an actual controversy is admitted by the principal parties. Marshal House, Inc.
Marshal House seeks a binding determination against the town of Brookline, its board of selectmen, and its rent control board that St. The plaintiffs in the suit of Anna L. Aiello and another against the city of Cambridge, its mayor, its city council, its city manager, and its interim rent control administrator also seek a binding declaration that St.
The suit of William W. Goldman and others against the town of Brookline, its board of selectmen, and its rent control board challenges the constitutionality of St. A fourth suit, brought by Esther M. Carroll and another against the city of Cambridge, its mayer, its rent control administrator, and Henry J. All of these suits have been reserved and reported without decision by two judges of the Superior Court upon the pleadings, exhibits and statements of agreed facts.
The constitutional issues which the three principal suits present come to us on the following facts. The Legislature enacted c. The provisions of the act were accepted by the city of Cambridge on September 17, , and by the town of Brookline on September 29, On October 16, , the day before it was to take effect in Cambridge, the plaintiff Anna L.
Aiello and another, Cambridge landlords affected by the act, filed their bill. On October 28, , the day before the act was to take effect in Brookline, Marshal House, a Brookline property owner affected by the act, filed a similar bill. On or about August 24, , the Legislature enacted c. On September 29, , the town of Brookline passed a local rent control by-law, in accordance with powers granted to it under c.
