Inspector of Buildings of Burlington v. Murphy

On November 13, 1945, the Superior Court entered a final decree permanently enjoining the defendant against using a certain building declared to be about thirty-six feet wide and sixty feet long erected by him on his land in the spring of 1945, which the decree declared to be attached to a larger building which prior to the adoption of a zoning by-law by the town of Burlington in 1943 and ever since has been used for slaughtering swine. The defendant appealed.

The validity in general of that zoning by-law was established in Burlington v. Dunn, 318 Mass. 216. The defendant’s land, comprising…