BOARD OF HEALTH OF HOLBROOK v. NELSON


351 Mass. 17 (1966)

217 N.E.2d 777

BOARD OF HEALTH OF HOLBROOK vs. STANLEY A. NELSON & another.

Supreme Judicial Court of Massachusetts, Norfolk.

June 6, 1966.


Attorney(s) appearing for the Case

Robert L. Schneider, for the defendants, submitted a brief.

Andrew H. Card for the plaintiff.

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


KIRK, J.

The defendant John J. Duane Company, Inc. (Duane), whose business is the demolition of buildings, is the lessee of five acres of a forty-seven acre tract owned by the defendant Nelson. The plaintiff board, under G.L.c. 111, § 150A, seeks to enjoin Duane from using, and Nelson from permitting the use of, the leased land in Holbrook as a dumping ground. The master to whom the case was referred concluded that the defendants were using the site as a dumping...

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