Town of Natick v. Modern Continental Construction

INTRODUCTION

The plaintiff, the Town of Natick (town) filed this motion for summary judgment on two counts of its complaint. The counts allege that the defendant, Modern Continental Construction, dba Marino Lookout Farm (Modern), is in substance operating a restaurant for members of the public on its farm premises in violation of zoning requirements (Count IV) and without a common victualler’s license (Count I). Modern has filed a cross-motion for summary judgment. The motions present no disputed issues of fact.

On -the zoning count (Count IV), the determinative issue is whether Modern’s…