HARVARD v. MAXANT


360 Mass. 432 (1971)

275 N.E.2d 347

TOWN OF HARVARD vs. WILLIAM MAXANT.

Supreme Judicial Court of Massachusetts, Worcester.

November 9, 1971.


Attorney(s) appearing for the Case

Morris N. Gould (C.A. Peairs with him) for the defendant.

Morton C. Jaquith, Town Counsel, for the plaintiff.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & HENNESSEY, JJ.


QUIRICO, J.

This is a bill in equity brought by the town of Harvard (town) against William Maxant (defendant) to enjoin him from using or permitting the use of land owned by him for the landing or taking off of aircraft, which use is alleged to be in violation of the town's zoning by-laws. The defendant contends that this use of his property is lawful either as a permitted primary use of as accessory to a permitted use. The case is before us on the defendant's appeal...

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