Kelleher v. Board of Selectmen of Pembroke

The plaintiff has appealed from a final decree of the Superior Court dismissing his amended bill of complaint brought against the board of selectmen (board) of the town of Pembroke (town) to secure an injunction against the town’s2 further interfering with the plaintiffs conduct of an earth removal business in the town in the manner in which that business was conducted immediately prior to the effective date of an earth removal by-law (G. L. c. 40, §21[17], as most recently amended by St. 1967, c. 870)3 adopted by the town in 1971. The bill alleges that the “[sjelectmen in their actions…