Town of Wayland v. Lee

This is a bill to enforce a zoning by-law of the plaintiff town by restraining the defendants from removing for sale sod, loam, sand, and gravel from their tract of land containing thirty-three and one half acres in the plaintiff town. In 1934 the land was zoned in a single residence district in which the removal of sod, loam, sand, and gravel was forbidden without a permit from the board of appeals. The zoning by-law provided that it shall not "prevent the continued use of any land for the purpose for which it is used at the time” of its adoption. See also as to prior nonconforming uses, G.…