MURPHY MOTOR SALES v. FIRST NAT. BANK OF ST. JOHNSBURY

No. 272.

165 A.2d 341 (1960)

MURPHY MOTOR SALES, INC. v. FIRST NATIONAL BANK OF ST. JOHNSBURY.

Supreme Court of Vermont.

November 1, 1960.


Attorney(s) appearing for the Case

John A. Swainbank, St.Johnsbury, for plaintiff.

Arthur L. Graves, James B. Campbell, St. Johnsbury, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.


SHANGRAW, Justice.

This is a suit in equity seeking to restrain the defendant from moving a diner which it owns onto the premises of Sherman R. Warren, and his wife Thea R. Warren, at 69 Portland Street in the Village of St. Johnsbury, Vermont. The bill of complaint alleges that the Warren property is located in a residential zone, and that the operation of the diner in such residential zone is contrary to the force, effect, intent and

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