Town of Lexington v. Simeone

The purpose of this bill in equity is to enjoin the removal of sand and gravel, contrary to the zoning by-law of the town of Lexington, from land of the individual defendant located in a residence area. From a final decree of injunction, the defendants appealed.

The judge made a report of the material facts found by him, the substance of which follows. On June 29, 1944, the individual defendant (hereinafter called the defendant) acquired title to a tract of fifty-nine acres in an R 1 district. Thereafter he made a contract with the defendant B. A. Simeone, Inc., whereby it was permitted to…