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BUILDING INSPECTOR OF CHELMSFORD v. BUXTON

343 Mass. 439 (1962)

179 N.E.2d 229

BUILDING INSPECTOR OF CHELMSFORD vs. WILLIAM C. BUXTON & others (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

January 9, 1962.

Attorney(s) appearing for the Case

Warren W. Allgrove, for the defendants.

Vernon R. Fletcher, Town Counsel, for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

KIRK, J.

The defendants appeal from a decree restraining them from removing sand and gravel for commercial purposes from land owned by the defendant Roma Realty, Inc., in a district in Chelmsford where such removal was never permitted and is now specifically prohibited by an amendment, adopted in 1956, to the zoning by-law of the town.

The amendment (§ 3 [C] [5]) reads in part: "The removal of sand, loam, sod and gravel for commercial purposes

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