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HENRY v. BOARD OF APPEALS OF DUNSTABLE

No. 92-P-171.

36 Mass. App. Ct. 54 (1994)

627 N.E.2d 484

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

Appeals Court of Massachusetts, Middlesex.

February 8, 1994.

Attorney(s) appearing for the Case

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

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

Present: JACOBS, GILLERMAN, & PORADA, JJ.

PORADA, J.

The sole issue presented by this appeal is whether the plaintiff's proposed removal of 300,000 to 400,000 cubic yards of earth from a steep hill on her property in order to make that area suitable for the planting and cultivation of Christmas trees is an agricultural activity under G.L.c. 40A, § 3,1 and, therefore, not subject to the provisions of the town's zoning by-law...

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