Town of Canton v. Bruno

By this bill in equity under G. L. c. 40A, § 22, as amended, the town seeks to enjoin the defendants from excavating or removing, or permitting the excavation or removal of, gravel or other earth material from land owned by them in violation of Canton’s zoning bylaw. A master’s report was confirmed and the ease is *599reported without decision by a judge of the Superior Court. G. L. c. 214, § 31.

1. The issue is whether the defendants are entitled to claim a prior nonconforming use. G. L. c. 40A, § 5.1 The original Canton zoning by-law adopted on March 8, 1937, contained no reference to the…