Town of Marblehead v. Deery

The town by its bill in equity seeks to compel Deery to remove the portion of his dwelling within twenty feet of Sean’s Way, Marblehead. After hearing, the trial judge made a report of material facts upon the basis of which the facts are stated below, except as otherwise indicated. By final decree, the bill was dismissed. The town appealed. The evidence, largely undisputed, is reported.

In 1959 Deery owned land on the south side of Harbor Avenue on Marblehead Neck. That land is part of the area shown on the accompanying sketch, which simplifies a Land Court plan in evidence. On Deery’s land…