Jaworski v. Earth Removal Board

The sole question on this appeal is whether the 1977 Millville zoning by-law, which is silent on earth removal, precludes the grant of a permit to the plaintiffs under an earth removal by-law enacted in 1990. A Land Court judge granted summary judgment to the plaintiffs in this action brought pursuant to G. L. c. 240, § 14A, holding that their proposed earth removal operations are governed exclusively by the earth removal by-law. The town and the earth removal board (board) have appealed. We affirm.

The relevant facts are undisputed. In 1963, the town adopted an earth removal by-law pursuant…