Building Commissioner v. McManus

This bill in equity is brought by the building commissioner of Brookline to restrain the defendant from violating the zoning by-law of that town by using premises owned and occupied by him for an undertaking establishment and there carrying on the business of an undertaker. The bill was filed June 8, 1927.

It is agreed that on May 23, 1922, a zoning by-law was duly adopted by the town dividing it into districts, each subject to special regulations as to the use and construction of buildings therein located; that the by-law was duly approved by the Attorney General and published as required by…