BOARD OF SELECTMEN OF PEMBROKE v. R. & P. REALTY CORP.


348 Mass. 120 (1964)

202 N.E.2d 409

BOARD OF SELECTMEN OF PEMBROKE & another vs. R. & P. REALTY CORP.

Supreme Judicial Court of Massachusetts, Plymouth.

November 24, 1964.


Attorney(s) appearing for the Case

James A. Shannon & Eugene L. Tougas for the defendant.

Joseph F. McGaffigan, Town Counsel, for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

The board of selectmen of Pembroke, having the power to enforce the zoning by-law of the town, sought in the Superior Court declaratory relief and an injunction to bar the removal of sand and gravel from land of R. & P. Realty Corp. The case was submitted on a statement of agreed facts. The final decree from which the defendant has appealed granted declaratory and injunctive relief in accordance with findings and rulings of the judge.

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