FAIRHAVEN v. BEN PRINCE & SONS, INC.


2 Mass. App. Ct. 110 (1974)

308 N.E.2d 917

TOWN OF FAIRHAVEN vs. BEN PRINCE & SONS, INC. & others.

Appeals Court of Massachusetts, Bristol.

April 1, 1974.


Attorney(s) appearing for the Case

Guy Volterra for the defendants.

William H. Carey, Town Counsel, for the town of Fairhaven.

Present: HALE, C.J., KEVILLE, & ARMSTRONG, JJ.


HALE, C.J.

This is a bill in equity brought by the town of Fairhaven seeking to compel compliance with that town's zoning by-law as it applies to business districts. The case was tried before a judge of the Superior Court who made "Findings and Order" in which he ordered the entry of a decree granting injunctive relief to the plaintiff. That judge retired and another judge reported the case to this court. G.L.c. 231, § 112. The evidence is also reported. All...

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