George F. Davey, Inc. v. Town of Norton

The principal purpose of this bill in equity brought against the town of Norton (town) and its board *191of selectmen (selectmen) is to secure declaratory relief with respect to the validity of a 1971 amendment of the town’s earth removal by-law (G. L. c. 40, § 21 [17], as amended through St. 1967, c. 870). The case was submitted to a judge of the Superior Court on a brief statement of agreed facts. That judge ruled (in effect) that the challenged amendment was valid, ordered that a decree be entered dismissing the bill, and purported to “report the case.” The plaintiffs did not at that time take…