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BEARD v. SALISBURY

378 Mass. 435 (1979)

392 N.E.2d 832

WILLIAM B. BEARD & others vs. TOWN OF SALISBURY & others (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

July 5, 1979.

Attorney(s) appearing for the Case

Helen Murphy Doona (James A. Murphy with her) for William B. Beard & others.

James Lagoulis, for the town of Salisbury, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

HENNESSEY, C.J.

In this case we are asked to consider the statutory and constitutional validity of a municipal by-law, adopted pursuant to G.L.c. 40, § 21 (17), prohibiting the removal of sand, loam, or gravel from the confines of the town of Salisbury. Aggrieved by the application of the by-law to their earth removal operations, the plaintiffs brought a successful action in the Superior Court under G.L.c. 231A, §...

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