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BYRNE v. MIDDLEBOROUGH

364 Mass. 331 (1973)

304 N.E.2d 194

WILLIAM L. BYRNE & another vs. TOWN OF MIDDLEBOROUGH.

Supreme Judicial Court of Massachusetts, Plymouth.

November 30, 1973.

Attorney(s) appearing for the Case

Marc E. Antine for the plaintiffs.

Willis A. Downs for the defendant.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

On May 28, 1970, the defendant town of Middleborough (the town) adopted an "Earth Removal By-Law (the by-law). The plaintiffs were in the business of operating gravel pits in the town before the by-law was enacted. They argue that their operations are nonconforming uses under G.L.c. 40A, § 5, not subject to the by-law, and that a contrary interpretation would violate the due process clause of the Fourteenth...

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