Attorney Kay Doyle secured a significant victory for the Town of Plainville in the matter of Asphalt Corp. v. Town of Plainville, Land Court, Misc. No. 428686(GHP). In a complicated and vigorously litigated zoning appeal regarding the status of bituminous concrete production operation, the Land Court determined on cross-motions for summary judgment that although the use predated zoning and had been conducted at the site from 1965-2002, the use was neither permitted by right under current zoning, nor “grandfathered” as a pre-existing nonconforming use. The Land Court found that the production of bituminous concrete at the site had been discontinued for over two years, and ruled that a change in the Zoning Bylaw made the mere discontinuance of the use for two or more years sufficient to cause loss of its pre-existing nonconforming use protection. The company has filed a Notice of Appeal, and we will report to you on the results of the appeal at a future date.
