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FOSTER MASONRY PROD. v. BD OF APPEALS OF ACTON

13 Mass. App. Ct. 546 (1982)

434 N.E.2d 1301

FOSTER MASONRY PRODUCTS, INC. vs. BOARD OF APPEALS OF ACTON.

Appeals Court of Massachusetts, Middlesex.

May 17, 1982.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr. (Cathy P. Brooks with him) for the defendant.

Julian J. D'Agostine (Edwin E. Taipale with him) for the plaintiff.

Present: HALE, C.J., ROSE, & BROWN, JJ.

HALE, C.J.

The town of Acton has an "Earth Removal By-law" which was adopted on March 13, 1950, shortly after the insertion of G.L.c. 40, § 21(17), by St. 1949, c. 98. The town adopted its by-law pursuant to that subsection. That by-law designated the board of appeals under the town's zoning by-law as the permit granting authority. In February of 1980 the plaintiff, desiring to remove 139,000 cubic yards of...

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