Legal Opinion
Beard v. Town of Salisbury
Massachusetts Supreme Judicial Court
Decided July 5, 1979PublishedCited by 15 opinions
1Opinion of the CourtHennessey, C.J.
In this case we are asked to consider the statutory and constitutional validity of a municipal by-law, adopted pursuant to G. L. c. 40, § 21 (17), prohibiting the removal of sand, loam, or gravel from the confines of the town of Salisbury. Aggrieved by the application of the by-law to their earth removal operations, the plaintiffs brought a successful action in the Superior Court under G. L. c. 231A, § 2, seeking an order declaring the town’s by-law to be invalid and unenforceable. The town appealed the court’s ruling and we transferred the case here on our own motion. By a majority of this…
2Cases cited23 opinions
- Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
- Town of Burlington v. DunnMassachusetts Supreme Judicial Court · 1945
- Bloom v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
- Del Duca v. Town Administrator of MethuenMassachusetts Supreme Judicial Court · 1975
- Butler v. Town of East BridgewaterMassachusetts Supreme Judicial Court · 1953
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lovequist v. Conservation Commission of DennisMassachusetts Supreme Judicial Court · 1979
- Town of Wendell v. Attorney GeneralMassachusetts Supreme Judicial Court · 1985
- Cohen v. BD. OF WATER COMMRS., FIRE DIST. SOUTH HADLEYMassachusetts Supreme Judicial Court · 1992
- Springfield Preservation Trust, Inc. v. Springfield Library & Museums Ass'nMassachusetts Supreme Judicial Court · 2006
- Toda v. Board of Appeals of ManchesterMassachusetts Appeals Court · 1984
10 more not listed; retrieve them via the Exa API.