SEEKONK v. JOHN J. McHALE & SONS, INC.


325 Mass. 271 (1950)

90 N.E.2d 325

TOWN OF SEEKONK vs. JOHN J. McHALE & SONS, INC. & others.

Supreme Judicial Court of Massachusetts, Bristol.

February 6, 1950.


Attorney(s) appearing for the Case

A.E. Seagrave, for the defendant John J. McHale & Sons, Inc.

G.M. Owen, for the plaintiff.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.


QUA, C.J.

The town is seeking to enforce against the defendants a provision in its zoning by-laws forbidding the use of "premises" in a "residence A district" "for any purpose except" certain enumerated purposes which do not include use as a gravel pit. The trial judge entered a decree enjoining all the defendants from excavating or stripping sand, gravel, and other materials from the land. The defendant corporation alone appeals. The evidence is reported.

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