TODA v. BOARD OF APPEALS OF MANCHESTER


18 Mass. App. Ct. 317 (1984)

465 N.E.2d 277

AUGUST TODA & others vs. BOARD OF APPEALS OF MANCHESTER.

Appeals Court of Massachusetts, Essex.

June 28, 1984.


Attorney(s) appearing for the Case

James T. Ronan (Mary P. Harrington with him) for August Toda & others.

Ellen Flatley for Board of Appeals of Manchester.

Loyd M. Starrett (Terry S. Kogan with him) for Masconomo Realty Trust.

Present: BROWN, CUTTER, & SMITH, JJ.


BROWN, J.

Believing that a rock quarrying operation near their homes violated their local zoning by-law, a group of residents of the town of Manchester (town) sought relief from the building inspector. The building inspector declined to act, based on his determination that earth removal operations were governed solely by an earth removal by-law enacted as part of the town's general by-laws and not by the zoning by-law. The board of appeals (board) upheld the decision...

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