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MASSACHUSETTS BROKEN STONE COMPANY v. TOWN OF WESTON

430 Mass. 637 (2000)

MASSACHUSETTS BROKEN STONE COMPANY & another v. TOWN OF WESTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 25, 2000.

Attorney(s) appearing for the Case

John J. Griffin, Jr. (Franklin C. Huntington, IV, with him) for the plaintiffs.

Judith C. Cutler (Elizabeth A. Lane with her) for the defendants.

The following submitted briefs for amici curiae:

Richard J. Gallogly for The Abstract Club & another.

Richard Nylen, Jr., Stephen J. Ryan, & Benjamin Fierro, III, for Massachusetts Chapter of the National Association of Industrial and Office Properties & others.

Erica L. Powers for Massachusetts Federation of Planning & Appeals Boards, Inc., & others.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, & COWIN. JJ.

LYNCH, J.

We granted the application of Massachusetts Broken Stone Company and the AMA Funding Corp. (Broken Stone) for further appellate review to decide whether the zoning freeze pursuant to G. L. c. 40A, § 6, fifth par., applies to the land or to a particular subdivision plan. The Appeals Court held that a zoning freeze pursuant to G. L. c. 40A, § 6, fifth par., applied to the particular subdivision plan and reversed the decision of the Land Court.

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