264 Mass. 85 | Mass. | 1928
This is a suit in equity brought by the building inspector of the town of Falmouth to compel the removal of a billboard owned and maintained by the defendant. The bill in substance alleges that, pursuant to G. L. c. 40, § 25 and amendments thereto, the town of Falmouth, on April 20,
The defendant, however, excepted to the refusal of the court to rule, in accordance with its request, that, upon all the evidence, the plaintiff was not entitled to relief, and also to the denial of the defendant’s request that in so far as the zoning by-law — which was adopted by the inhabitants of the town and approved by the Attorney General under the provisions of G. L. c. 40, §§ 25-30, inclusive — applied to billboards and other advertising devices, it was illegal and unenforceable.
It is unquestioned that the Legislature has inherent authority to regulate buildings, structures and premises in the interests of public safety, health, morals and welfare. Welch v. Swasey, 193 Mass. 364. Chase v. Proprietors of Revere House, 232 Mass. 88. By art. 50 of the Amendments to the Constitution, “Advertising on public ways, in public places and on private property within public view may be regulated and restricted by law.”
The question is whether the word “structures” added to the zoning act by St. 1925, c. 116, § 1, includes billboards. In Small v. Parkway Auto Supplies Inc. 258 Mass. 30, 33, the
It is plain, however, that, when the words “structures and premises” were added to the zoning act, a well coordinated and complete system for the establishment and regulation of billboards located on a public way — as the billboard in the case at bar was located — had been established and was in force. The Legislature had conferred upon the division authority over the erection and maintenance of billboards with the subordinate right of cities and towns by ordinance or by-law to make further regulations or orders not inconsistent or at variance with the regulations promulgated by the division.
It is the contention of the plaintiff that the by-law is valid and enforceable under the zoning act as amended. While statutes in pari materia are to be construed as corroborative of each other, Rex v. Loxdale, Burr. 445, 447, and that principle was followed in Church v. Crocker, 3 Mass. 17, we are of opinion that the Legislature did not intend by the amendment to the zoning act to include billboards and by implication to supersede and repeal G. L. c. 93, § 29. A statute is not to be deemed to supersede a prior statute in whole or in part in the absence of express words or clear implication. Brown v. Lowell, 8 Met. 172, 174. Copeland v. Mayor & Aldermen of Springfield, 166 Mass. 498, 504. Brooks v. Fitchburg & Leominster Street Railway, 200 Mass. 8, 17.
The by-law being invalid as to billboards, the defendant’s request — that, upon all the evidence the plaintiff is not entitled to the relief prayed for — should have been given, and a decree is to be entered dismissing the bill with costs.
Ordered accordingly.