Town of Orange v. Shay

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 *359and sand removal operation is protected from the town’s zoning by-law as a prior nonconforming use that was never abandoned. They contend that, in determining otherwise, the judge erred in certain of her rulings of law and made findings of fact that were clearly erroneous. We affirm.

Background…