Town of Billerica v. Quinn

The town seeks to enjoin the defendant from stripping the loam from a tract of about nineteen acres of land in violation of the town’s zoning by-law.

The facts appear from findings of the judge and from the evidence, which is reported. The by-law took effect on August 1, 1945. On July 29 the defendant placed a steam shovel on the premises and stripped the top soil from an area thirty to thirty-five feet wide and extending from one of the roads bounding the property back to a railroad that bisects it. He piled the soil upon the lot. His purpose was and is .to sell the loam. He asserts that by…