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MANCHESTER v. PHILLIPS

343 Mass. 591 (1962)

180 N.E.2d 333

TOWN OF MANCHESTER vs. EDGAR PHILLIPS.

Supreme Judicial Court of Massachusetts, Essex.

February 9, 1962.

Attorney(s) appearing for the Case

Carlton W. Spencer, (Thomas G. Howarth & Frank G. Allen, Jr., with him,) for the plaintiff.

Samuel F. Hyland, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, CUTTER, & KIRK, JJ.

CUTTER, J.

The town by this bill in equity (G.L.c. 40A, § 22, inserted by St. 1954, c. 368, § 2) seeks to require the removal of a "mobile home" from land owned by Phillips, on the ground that it was placed there in violation of the Manchester zoning by-law (see footnote 1, infra). In the Superior Court a decree was entered dismissing the bill. The town appealed. The evidence is reported. The facts, as found...

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