Whittemore v. Selectmen of Falmouth

This case is an outgrowth of Whittemore v. Town Clerk of Falmouth, 299 Mass. 64. One Cahoon main*73tained an ice manufacturing plant within a district or zone in which single residences only were permitted. By an amendment to the zoning by-law in 1935, the town purported to take Cahoon's lot out of the single residence district within which it lay and by which it was surrounded, and make of it a light manufacturing district. The petitioner, the owner of a residence, sought by mandamus to compel the town clerk to expunge the record of the amendment and the building inspector to enforce against…