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LEOMINSTER MATERIALS CORPORATION v. BOARD OF APPEALS OF LEOMINSTER

No. 96-P-850.

42 Mass. App. Ct. 458 (1997)

LEOMINSTER MATERIALS CORPORATION v. BOARD OF APPEALS OF LEOMINSTER & another; LIBERTY COMMONS REALTY TRUST & others, interveners.

Court of Appeals of Massachusetts, Worcester.

April 7, 1997.

Attorney(s) appearing for the Case

John J. Curley, III, for Leominster Materials Corporation.

Judith C. Cutler for the Board of Appeals of Leominster & another.

Thomas M. Bovenzi for the interveners.

Present: ARMSTRONG, GILLERMAN, & LENK, JJ.

LENK, J.

The principal issue raised by this appeal is the proper interpretation of a zoning ordinance of the city of Leominster (city) governing the removal of certain earth products. The plaintiff, Leominster Materials Corporation (LMC), appeals from a decision of the city's zoning board of appeals (board), issued pursuant to G. L. c. 40A, § 8, upholding the interpretation of the zoning ordinance of the city...

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