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HENRY v. BOARD OF APPEALS OF DUNSTABLE

418 Mass. 841 (1994)

641 N.E.2d 1334

KATHLEEN B. HENRY vs. BOARD OF APPEALS OF DUNSTABLE.

Supreme Judicial Court of Massachusetts, Middlesex.

November 16, 1994.

Attorney(s) appearing for the Case

Robert J. Sherer (Francis A. DiLuna with him) for the plaintiff.

Richard W. Larkin, Town Counsel, for the defendant.

Tara Zedeh, Special Assistant Attorney General, for Department of Food and Agriculture, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

We granted the defendant board's application for further appellate review to consider its claim that the excavation and removal of 300,000 to 400,000 cubic yards of gravel from a hilly five-acre portion of the plaintiff's thirty-nine acre plot is not incidental to an agricultural or horticultural use of the land and therefore is subject to the local zoning by-law prohibiting commercial earth removal. See generally...

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