Town of Seekonk v. John J. McHale & Sons, Inc.

The town is seeking to enforce against the defendants a provision in its zoning by-laws forbidding the use of “premises” in a “residence A district” “for any purpose except” certain enumerated purposes which do not include use as a gravel pit. The trial judge entered a decree enjoining all the defendants from excavating or stripping sand, gravel, and other materials from the land. The defendant corporation alone appeals. The evidence is reported.

It is exceedingly difficult to understand the evidence or even to delimit the land in question for the reason that the greater part of the testimony…