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PLANTE v. TOWN OF GRAFTON

No. 00-P-1138.

56 Mass. App. Ct. 213 (2002)

EDMOND H. PLANTE v. TOWN OF GRAFTON & others.

Court of Appeals of Massachusetts, Worcester.

October 7, 2002.

Attorney(s) appearing for the Case

Nisha Koshy Cocchiarella for the plaintiff.

Louis M. Ciavarra for Robert N. Hennessey & another.

Thomas P. Lane, Jr., for town of Grafton.

Present: LENK, KASS, & MILLS, JJ.

KASS, J.

Under G. L. c. 61A, § 14, a municipality has a right of first refusal to buy land that is being taken out of agricultural or horticultural use, if the municipality has so classified that land under c. 61A. The question this case presents is whether a city or town may be forced by owners who propose to take two or more parcels out of agricultural or horticultural use to buy all of those parcels or whether...

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