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SULLIVAN v. ACTON

No. 93-P-1528.

38 Mass. App. Ct. 113 (1995)

ROSEMARIA SULLIVAN & another, trustees, vs. TOWN OF ACTON.

Appeals Court of Massachusetts, Suffolk.

February 1, 1995.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr., for the defendant.

Louis N. Levine (F. Alex Parra with him) for the plaintiffs.

Edith M. Netter, for American Planning Association, Massachusetts Chapter, & others, amici curiae, submitted a brief.

Present: FINE, JACOBS, & PORADA, JJ.

FINE, J.

The plaintiffs, the DiDuca Family Trust (the trustees), own a sixteen-acre tract of land at the intersection of Esterbrook Road and Great Road (Route 2A) in Acton, which they have used since 1940 for agricultural and residential purposes. From 1953, when the town of Acton first adopted its zoning by-law, until 1990, when the town adopted the changes in issue, a nine-acre portion of the property (the locus...

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