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BURLINGTON SAND & GRAVEL, INC. v. HARVARD

No. 89-P-1444.

31 Mass. App. Ct. 261 (1991)

576 N.E.2d 707

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

Appeals Court of Massachusetts, Middlesex.

August 16, 1991.

Attorney(s) appearing for the Case

David Berman for the plaintiff.

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

Present: SMITH, JACOBS, & GILLERMAN, JJ.

SMITH, J.

Burlington Sand & Gravel, Inc. (Burlington), owns a tract of land straddling the boundary line between the towns of Harvard and Boxborough. It had a permit from Boxborough to extract sand, gravel, and earth products from the portion of its land located in that town. Burlington, from time to time, used its land in Harvard as an access road for trucks hauling materials from its gravel pit in Boxborough...

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