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BURLINGTON SAND & GRAVEL, INC. v. HARVARD

No. 87-1416.

26 Mass. App. Ct. 436 (1988)

528 N.E.2d 889

BURLINGTON SAND AND GRAVEL, INC. vs. TOWN OF HARVARD.

Appeals Court of Massachusetts, Middlesex.

October 4, 1988.

Attorney(s) appearing for the Case

David Berman for the plaintiff.

Richmond T. Edes, Town Counsel, for the defendant.

Present: DREBEN, KAPLAN, & FINE, JJ.

FINE, J.

The question whether a nonconforming use of an access road1 had been abandoned was the only question tried in a case brought by Burlington Sand and Gravel, Inc. (Burlington), against the town of Harvard which was decided by a Superior Court judge in favor of the town. Leave to take an interlocutory appeal was granted to Burlington by a single justice of this court. We affirm the partial judgment entered

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