Town of Kingston v. Hamilton

The plaintiff brought this bill in equity to restrain the defendant from removing earth from an 18.6-acre parcel of land owned by the defendant, claiming that such removal was in violation of the town’s zoning by-law and of its earth removal by-law adopted pursuant to G. L. c. 40, § 21 (17) (as amended through St. 1967, c. 870). After a trial, which included a view, the judge made detailed findings and rulings, and, pursuant to his *774order, a final decree was entered which determined (1) that the defendant’s use of his entire parcel for the removal of earth materials, loam, sand, gravel, and…