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PLAINVILLE ASPHALT CORP. v. TOWN OF PLAINVILLE

No. 12-P-1022.

83 Mass. App. Ct. 710 (2013)

PLAINVILLE ASPHALT CORP. v. TOWN OF PLAINVILLE.

Appeals Court of Massachusetts, Suffolk.

June 6, 2013.

Attorney(s) appearing for the Case

Brian M. Hurley for the plaintiff.

Katharine I. Doyle for the defendant.

Present: VUONO, RUBIN, & SULLIVAN, JJ.

SULLIVAN, J.

This appeal calls upon us to decide the reach of a town bylaw amendment that expanded the reasons for discontinuation of nonconforming uses, and the relationship between that bylaw and the first and third paragraphs of G. L. c. 40A, § 6. Plainville Asphalt Corp. (Plainville Asphalt) brought an action pursuant to G. L. c. 240, § 14A, seeking a determination whether the use of its property as a bituminous concrete operation was permitted. It now...

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