Derby Refining Co. v. City of Chelsea

The question in this case is whether Belcher New England, Inc. (Belcher), may operate a liquid asphalt storage facility on waterfront property at 99 Marginal Street in Chelsea. Belcher maintains that its use of the property is protected under G. L. c. 40A, § 6 (1988 ed.), as a prior nonconforming use, from the application of a new Chelsea zoning ordinance which purports to prohibit the use. Belcher also argues that the new Chelsea zoning ordinance is invalid. Chelsea maintains the converse of both propositions. We transferred the appeal from the Appeals Court on our own motion. We conclude,…