Town of Scituate v. O'ROURKE

This is a civil action instituted by the town of Scituate through its town solicitor pursuant to G. L. 1956, §45-24-7, to enjoin the defendants’ alleged violation of the zoning ordinance. It is before us on the defendants’ appeal from the superior court’s summary judgment which prohibited the operation of an automobile junkyard on their respective property.

The defendants, Helen C. and Peter A. O’Rourke, mother and son, own two adjoining parcels of land in Scituate. In his testimony Peter O’Rourke conceded that since 1948 he has operated and maintained an automobile junkyard on the properties…