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TOWN OF ORANGE v. SHAY

No. 06-P-439.

68 Mass. App. Ct. 358 (2007)

TOWN OF ORANGE v. JOSEPH SHAY, JR., & another.

Appeals Court of Massachusetts, Franklin.

March 2, 2007.

Attorney(s) appearing for the Case

Scott Graves for Joseph Shay, Jr.

Donna L. MacNicol for the plaintiff.

Present: Lenk, Smith, & Cohen, JJ.

LENK, J.

Judgment entered after a bench trial, permanently enjoining the defendants, Joseph Shay, Jr., and Michael Generazio, from further removing gravel or other material, including topsoil, from their property located at Holtshire Road in Orange (town).3 On appeal, the defendants claim that their current gravel and sand removal operation is protected from the town's zoning by-law as...

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