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GEORGE F. DAVEY, INC. v. NORTON

2 Mass. App. Ct. 190 (1974)

310 N.E.2d 609

GEORGE F. DAVEY, INC. & another vs. TOWN OF NORTON & another.

Appeals Court of Massachusetts, Bristol.

April 29, 1974.

Attorney(s) appearing for the Case

Charles J. Hayes for the plaintiffs.

Robert I. Kalis for the defendants.

Present: ROSE, GOODMAN, & GRANT, JJ.

GRANT, J.

The principal purpose of this bill in equity brought against the town of Norton (town) and its board of 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...

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