Town of Burlington v. Dunn

This bill is brought to enforce the town’s zoning by-law by restraining the defendants from removing the top soil or loam from two tracts of land, one of forty-one acres and one of four and a half acres, both located on Bedford Street in the plaintiff town. The facts appear from the pleadings and from an agreed statement of facts in which are incorporated certain exhibits. . The trial judge ordered a decree for the plaintiff and reported the case.

1. The defendants contend that the by-law is invalid because the statutory process by which alone a valid zoning ordinance or by-law can be adopted…