Town of Saugus v. B. Perini & Sons, Inc.

The town complains that the defendant, in violation of the zoning by-law, has excavated and removed for the purposes of sale large quantities of sod, loam, sand, gravel and stone from the defendant’s premises in Saugus, and prays for an injunction to restrain further excavation and to restrain the defendant from maintaining a pit or hole that has resulted from the excavations heretofore made and which is filled with stagnant water. The case was referred to a master whose report was confirmed. The town appealed from a final decree which recited that no excavation had been made since December…