Building Inspector of Dennis v. Harney

This is an appeal from a decree entered upon a bill in equity which was brought by the town of Dennis 1 in response to an alleged violation of its zoning by-law. The case is before us on a report of material facts and designated portions of the evidence.

The defendants, Fred B. Harney, Jr., and Shirley J. Harney, own a parcel of land located between Route 134 and Main Street in Dennis. The bulk of their property lies within an “unrestricted” zoning district. 2 However, the portion of their property which borders on Main Street was, at the time of the hearing, zoned “residential” to a depth of…