Board of Selectmen v. Jarvinen

The issue raised by the defendant’s appeal is whether the Norwell earth removal by-law has any effect on the earth excavation and soil by-products business operated by the defendant in a residential zone of Norwell since long before the dates of the adoption and the amendment of the bylaw in dispute. We affirm the judgment which enjoins him from excavating soil but allows the removal of stockpiled materials pursuant to a permit.

Using the authority conferred upon it by G. L. c. 40, § 21 (17), Nor-well adopted, in 1958, an earth removal by-law which required that a permit be obtained prior to…