Town of Marblehead v. Rosenthal

The defendant Rosenthal is the occupant of three adjoining stores that have been converted into one by the removal of partitions. The three stores are located in a block of ten stores owned by the defendant Kemelman and occupied by a number of persons for different kinds of business. The plaintiff alleges a violation of its zoning bylaw, which went into effect in 1928. The block is situated in a single residence district from which business is excluded. The defendants contend that the zoning by-law is invalid as to them and also rely upon an “existing use” in 1928.

The defendants’ attack upon…