Town of Lexington v. Menotomy Trust Co.

The defendant Menotomy Trust Company foreclosed its mortgage upon a tract of land containing fifty-two acres on Lincoln Street in Lexington. It gave the defendant Cadario permission at “a fixed price per acre” to strip the loam from the land and to use or sell the loam, provided it should not be sold on the premises. Not more than half the tract “is now suitable and available for the removal of loam.” Cadario has put a steam shovel to work, *284stripping the loam and piling it on the land, preparatory to removal.

The plaintiff seeks to restrain the work as a violation of its zoning by-law. The…