Legal Opinion
Henry v. Board of Appeals of Dunstable
Massachusetts Supreme Judicial Court
Decided November 16, 1994PublishedCited by 26 opinions
1Opinion of the CourtAbrams, J.
We granted the defendant board’s application for further appellate review to consider its claim that the excavation and removal of 300,000 to 400,000 cubic yards of gravel from a hilly five-acre portion of the plaintiffs thirty-nine acre plot is not incidental to an agricultural or horticul tural use of the land and therefore is subject to the local zoning by-law prohibiting commercial earth removal. See generally § 15 of the zoning by-law of the town of Dunstable.
The plaintiff’s property is in an R-l residential district within the town of Dunstable. In an R-l district an owner may remove or…
2Cases cited8 opinions
- Lawrence v. Zoning Board of AppealsSupreme Court of Connecticut · 1969
- Town of Harvard v. MaxantMassachusetts Supreme Judicial Court · 1971
- Jackson v. Building Inspector of BrocktonMassachusetts Supreme Judicial Court · 1966
- Old Colony Council - Boy Scouts of America v. Zoning Board of Appeals of PlymouthMassachusetts Appeals Court · 1991
- County of Kendall v. Aurora National Bank Trust No. 1107Appellate Court of Illinois · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lawrence v. City of CambridgeMassachusetts Supreme Judicial Court · 1996
- Regis College v. Town of WestonMassachusetts Supreme Judicial Court · 2012
- Town of Avon v. OliverCourt of Appeals of Wisconsin · 2002
- Town of Boylston v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 2001
- APT Asset Management, Inc. v. Board of AppealsMassachusetts Appeals Court · 2000
21 more not listed; retrieve them via the Exa API.