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FIRST CRESTWOOD v. BLDG. INSPECTOR, MIDDLETON

3 Mass. App. Ct. 234 (1975)

326 N.E.2d 363

FIRST CRESTWOOD CORPORATION & others vs. BUILDING INSPECTOR OF MIDDLETON & others.

Appeals Court of Massachusetts, Essex.

April 23, 1975.

Attorney(s) appearing for the Case

Lawrence H. Adler for the plaintiffs.

Jerome A. Segal, Town Counsel, for the Building Inspector of Middleton & others.

Present: HALE, C.J., ROSE, KEVILLE, GRANT, & ARMSTRONG, JJ.

KEVILLE, J.

The plaintiffs, First Crestwood Corporation (Crestwood) and three corporate associates, brought a petition for declaratory relief in the Superior Court pursuant to G.L.c. 231A against the building inspector and the selectmen of the town of Middleton seeking a determination of their right to utilize stone crushers in a quarry pursuant to an existing nonconforming use. The dispute was referred to a master and the parties stipulated that two issues were to...

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