Town of Burlington v. Colonial Motor Hotel Corp.

The town of Burlington (town) appeals from a final decree entered in the Superior Court dismissing (without prejudice) its petition in equity filed pursuant to G. L. c. 93, § 31. The petition seeks the removal of a billboard pursuant to the denial of a renewal permit for the billboard and an order for its removal made by the Outdoor Advertising Board (board) which had found the billboard to be in violation of the town by-laws. The board had denied a renewal permit for the billboard pursuant to § 9K of its regulations. The town contends that it was proper to proceed under G. L. c. 93, § 31 and…