Legal Opinion
Byrne v. Town of Middleborough
Massachusetts Supreme Judicial Court
Decided November 30, 1973PublishedCited by 11 opinions
1Opinion of the CourtBraucher, J.
On May 28, 1970, the defendant town of Middleborough (the town) adopted an “Earth Removal ByLaw (the by-law). The plaintiffs were in the business of operating gravel pits in the town before the by-law was enacted. They argue that their operations are nonconforming uses under G. L. c. 40A, § 5, not subject to the by-law, and that a contrary interpretation would violate the due process clause of the Fourteenth Amendment. We hold that the bylaw, adopted pursuant to G. L. c. 40, § 21 (17), as amended through St. 1967, c. 870, is not subject to G. L. c. 40A, § 5, and that it has not been shown to…
2Cases cited8 opinions
- Town of Burlington v. DunnMassachusetts Supreme Judicial Court · 1945
- Butler v. Town of East BridgewaterMassachusetts Supreme Judicial Court · 1953
- Town of Stow v. MarinelliMassachusetts Supreme Judicial Court · 1967
- Town of North Reading v. DrinkwaterMassachusetts Supreme Judicial Court · 1941
- Glacier Sand & Stone Co. v. BD. OF APPEALS OF WESTWOODMassachusetts Supreme Judicial Court · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lovequist v. Conservation Commission of DennisMassachusetts Supreme Judicial Court · 1979
- M. DeMatteo Construction Co. v. Board of AppealsMassachusetts Appeals Court · 1975
- Beard v. Town of SalisburyMassachusetts Supreme Judicial Court · 1979
- McIntyre v. Board of Selectmen of AshbyMassachusetts Appeals Court · 1992
- Toda v. Board of Appeals of ManchesterMassachusetts Appeals Court · 1984
6 more not listed; retrieve them via the Exa API.