Legal Opinion

Board of Survey v. Suburban Land Co.

Massachusetts Supreme Judicial Court

Decided February 26, 1920PublishedCited by 13 opinions

Bill in equity, filed in the Superior Court on July 19, 1919, and afterwards amended, by the selectmen of the town of Lexington, constituted its board of survey by the acceptance by the town of St. 1907, c. 191, seeking to enjoin the defendant, a corporation engaged in the business of purchasing, developing and selling real estate, “from removing, destroying, defacing, burning, or otherwise injuring or interfering with in any way” a sign, described below, erected by the…

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Bill in equity, filed in the Superior Court on July 19, 1919, and afterwards amended, by the selectmen of the town of Lexington, constituted its board of survey by the acceptance by the town of St. 1907, c. 191, seeking to enjoin the defendant, a corporation engaged in the business of purchasing, developing and selling real estate, “from removing, destroying, defacing, burning, or otherwise injuring or interfering with in any way” a sign, described below, erected by the plaintiff board of survey at the inside edge of the curb line of the street bordering on land owned by the defendant.…

1Opinion of the CourtRugg, C. J.

These are suits in equity brought by the board of survey of the town of Lexington. The bill in each suit alleges that St. 1907, c. 191, has been accepted by Lexington. The first section of that act provides that the selectmen of any town which accepts its provisions shall constitute a board of survey for that town. Section 2 is in substance as follows: “Any person or corporation desiring to lay out, locate or construct any street or way in any town which accepts the provisions of this act, . . . shall, before the beginning of such construction, submit to said board of survey suitable plans of…

2Cases cited15 opinions

  1. Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
  2. Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
  3. Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
  4. Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
  5. Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908

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3Cited by13 opinions

  1. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
  2. Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
  3. Hays v. Georgian Inc.Massachusetts Supreme Judicial Court · 1932
  4. O'Brien v. TurnerMassachusetts Supreme Judicial Court · 1926
  5. Commonwealth v. Stratton Finance Co.Massachusetts Supreme Judicial Court · 1941

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