WAYLAND v. LEE


325 Mass. 637 (1950)

91 N.E.2d 835

TOWN OF WAYLAND vs. MARTIN J. LEE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 12, 1950.


Attorney(s) appearing for the Case

R.W. Meserve, (J.R. Hally with him,) for the plaintiff.

M.H. Cavanagh & T.H. Mahony, for the defendants, submitted a brief.

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


SPALDING, J.

This bill is brought to enforce the town's zoning by-law by restraining the defendants from removing for sale sod, loam, sand and gravel from a tract of land located in the plaintiff town.

The facts appear from findings of the judge and from the evidence, which is reported. The tract here involved, comprising thirty-three and one half acres, was acquired by Sarah J. Glover, the defendants' predecessor in title, in 1925. On September 5, 1934, when...

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