WAYLAND v. LEE


331 Mass. 550 (1954)

120 N.E.2d 641

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

Supreme Judicial Court of Massachusetts, Middlesex..

July 2, 1954.


Attorney(s) appearing for the Case

Maurice H. Cavanagh & Thomas H. Mahony, for the defendants, submitted a brief.

Roger P. Stokey, for the plaintiff.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


LUMMUS, J.

This is a bill to enforce a zoning by-law of the plaintiff town by restraining the defendants from removing for sale sod, loam, sand, and gravel from their tract of land containing thirty-three and one half acres in the plaintiff town. In 1934 the land was zoned in a single residence district in which the removal of sod, loam, sand, and gravel was forbidden without a permit from the board of appeals. The zoning by-law provided that it shall not "prevent...

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