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KINGSTON v. HAMILTON

2 Mass. App. Ct. 773 (1975)

321 N.E.2d 832

TOWN OF KINGSTON vs. JOHN HAMILTON, JR., trustee.

Appeals Court of Massachusetts, Plymouth.

January 13, 1975.

Attorney(s) appearing for the Case

Phillip S. Cronin, Town Counsel (David L. Delaney with him) the town of Kingston.

Harold Meizler for John Hamilton, Jr., trustee.

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

HALE, C.J.

The plaintiff brought this bill in equity to restrain the defendant from removing earth from an 18.6-acre parcel of land owned by the defendant, claiming that such removal was in violation of the town's zoning by-law and of its earth removal by-law adopted pursuant to G.L.c. 40, § 21 (17) (as amended through St. 1967, c. 870). After a trial, which included a view, the judge made detailed findings and rulings, and, pursuant to his

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