Town of Surry v. Starkey

In this equity action the town of Surry seeks to enjoin defendants from excavating gravel on their land in violation of the applicable zoning ordinance. Defendants purchased twenty-four acres in 1964 with the primary intention of exploiting the various grades of gravel which it. contained. Since 1964 they have removed gravel from the land with the result that about six or seven acres are devoted exclusively to gravel removal at the present time. Defendant Roger M. Starkey testified that in addition to removing gravel he has used some of the land to grow corn and to produce loam.

At a town…