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JAWORSKI v. EARTH REMOVAL BOARD OF MILLVILLE

No. 92-P-615.

35 Mass. App. Ct. 795 (1994)

626 N.E.2d 19

WALTER E. JAWORSKI, executor, & others vs. EARTH REMOVAL BOARD OF MILLVILLE & another.

Appeals Court of Massachusetts, Suffolk.

January 20, 1994.

Attorney(s) appearing for the Case

Joel B. Bard for the defendants.

Mark L. Donahue for the plaintiffs.

Present: DREBEN, GILLERMAN, & GREENBERG, JJ.

DREBEN, J.

The sole question on this appeal is whether the 1977 Millville zoning by-law, which is silent on earth removal, precludes the grant of a permit to the plaintiffs under an earth removal by-law enacted in 1990. A Land Court judge granted summary judgment to the plaintiffs in this action brought pursuant to G.L.c. 240, § 14A, holding that their proposed earth removal operations are governed exclusively by the earth removal by-law. The town and the earth...

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