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BUILDING INSPECTOR OF MALDEN v. WERLIN REALTY, INC.

349 Mass. 623 (1965)

211 N.E.2d 338

BUILDING INSPECTOR OF MALDEN vs. WERLIN REALTY, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

November 5, 1965.

Attorney(s) appearing for the Case

Leo P. DeMarco, for the plaintiff, submitted a brief.

Warren K. Kaplan for the defendant.

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

WHITTEMORE, J.

The building inspector of Malden has appealed from the final decree of the Superior Court dismissing his bill of complaint to enjoin the use by the defendant of the premises at 135 Pierce Street, Malden, in a general residence district for the storage of ice cream cones and straws. The evidence is reported. There was a report of material facts. The judge ruled that the defendant's use of the premises, which began in March, 1963, soon after the defendant...

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