LEXINGTON v. SIMEONE


334 Mass. 127 (1956)

134 N.E.2d 123

TOWN OF LEXINGTON vs. BENJAMIN A. SIMEONE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 7, 1956.


Attorney(s) appearing for the Case

George A. McLaughlin, (Richard M. Gilman with him,) for the defendants.

Harold E. Stevens, Town Counsel, for the plaintiff.

Present: QUA, C.J., WILKINS, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


WILKINS, J.

The purpose of this bill in equity is to enjoin the removal of sand and gravel, contrary to the zoning by-law of the town of Lexington, from land of the individual defendant located in a residence area. From a final decree of injunction, the defendants appealed.

The judge made a report of the material facts found by him, the substance of which follows. On June 29, 1944, the individual defendant (hereinafter called the defendant) acquired title...

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