Minty v. Arena

INTRODUCTION

The plaintiff Town of Concord and its Building Commissioner (collectively referred to as “the town”), brought this action to enjoin the defendants, Nat Arena, Arena Farms and Colonial Cone Ice Cream (“Colonial Cone”), from operating an ice cream stand in violation of the town’s zoning requirements. In June of 1996, a judge of this court (White, J.), denied the town’s application for a preliminary injunction. The defendants (collectively referred to as “Arena”), have now moved for summary judgment on the town’s complaint, and the town has filed a cross-motion for summary judgment.…