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DERBY REFINING CO. v. CHELSEA

407 Mass. 703 (1990)

555 N.E.2d 534

DERBY REFINING COMPANY & another vs. CITY OF CHELSEA & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 19, 1990.

Attorney(s) appearing for the Case

Ira H. Zaleznik for the defendant.

Robert C. Gerrard (Carol R. Cohen with him) for the plaintiffs.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

The question in this case is whether Belcher New England, Inc. (Belcher), may operate a liquid asphalt storage facility on waterfront property at 99 Marginal Street in Chelsea. Belcher maintains that its use of the property is protected under G.L.c. 40A, § 6 (1988 ed.), as a prior nonconforming use, from the application of a new Chelsea zoning ordinance which purports to prohibit the use. Belcher also argues...

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