Board of Selectmen of Pembroke v. R. & P. REALTY CORP.

The board of selectmen of Pembroke, having the power to enforce the zoning by-law of the town, sought in the Superior Court declaratory relief and an injunction to bar the removal of sand and gravel from land of R. & P. Realty Corp. The case was submitted on a statement of agreed facts. The final decree from which the defendant has appealed granted declaratory and injunctive relief in accordance with findings and rulings of the judge.

The zoning by-law in § 5A provides: “Sod, Sand, G-ravel, Loam and Stone Removal shall be permitted in any area only after a permit has been granted by the Board…