Legal Opinion

Plainville Asphalt Corp. v. Town of Plainville

Massachusetts Appeals Court

Decided June 6, 2013No. 12-P-1022PublishedCited by 5 opinions

1Opinion of the CourtSullivan, J.

This appeal calls upon us to decide the reach of a town bylaw amendment that expanded the reasons for discontinuation of nonconforming uses, and the relationship between that bylaw and the first and third paragraphs of G. L. c. 40A, § 6. Plainville Asphalt Corp. (Plainville Asphalt) brought an action pursuant to G. L. c. 240, § 14A, seeking a determination whether the use of its property as a bituminous concrete operation was permitted. It now appeals from the allowance of a motion for summary judgment in favor of the town of Plainville (town), in which a judge of the Land Court held that the…

2Cases cited21 opinions

  1. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  2. United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
  3. Miller v. CotterMassachusetts Supreme Judicial Court · 2007
  4. Building Inspector of Lancaster v. SandersonMassachusetts Supreme Judicial Court · 1977
  5. Tyler v. Michaels Stores, Inc.Massachusetts Supreme Judicial Court · 2013

16 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bellalta v. Zoning Bd. of Appeals of BrooklineMassachusetts Supreme Judicial Court · 2019
  2. 92 Montvale, LLC v. Zoning Bd. of Appeals of StonehamMassachusetts Appeals Court · 2018
  3. Bellingham Massachusetts Self Storage, LLC v. Town of BellinghamMassachusetts Land Court · 2021
  4. Lee v. CaiMassachusetts Appeals Court · 2023
  5. PINECROFT DEVELOPMENT, INC. v. ZONING BOARD OF APPEALS OF WEST BOYLSTONMassachusetts Appeals Court · 2022

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