Commonwealth v. Lawless

By Judge William R. Shelton

Currently pending before the Court is the defendant’s motion to dismiss. After reviewing the oral argument and briefs of counsel, the Court finds as follows.

The defendant raises four arguments for dismissal in his brief. The Statute of Limitations argument and the Double Jeopardy argument are both contingent upon the success of his Day-to-Day Violations argument. Therefore, they will be considered after the Day-to-Day Violations argument. Last, the Court will address the defendant’s Non-Conforming Use argument.

I. Day-to-Day Violations

The gravamen of the defendant’s…