Whittemore v. Building Inspector

This controversy has been here twice before. Whittemore v. Town Clerk of Falmouth, 299 Mass. 64. Whittemore v. Selectmen of Falmouth, 304 Mass. 72. The zoning by-laws of Falmouth provide for single residence districts in which only specified uses of land may exist, and those uses do not include the manufacture of ice. The land of one Cahoon on which he manufactures ice was zoned as a single residence district until February 16, 1938, when the town voted to change the zoning of his land to a light industrial district in which the manufacture of ice would be permitted. The petitioner, the owner…