Town to appeal land court ruling on asphalt plant

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    Jan 06, 2021 · The Henions filed an appeal in opposition of the proposed Maymead asphalt plant after a 2018 ruling by the N.C. Court of Appeals stated that the Henions had no standing to intervene. David Pokela of Nexsen Pruet has represented Watauga County in the case, while Kip D. Nelson and Thomas E. Terrell Jr. of Fox Rothschild LLP have represented

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  • I)

    subsequent special permit application relating to the same proposed asphalt plant. 2 The third related case (Land Court Case No. 15 MISC 000208) ("Case 3") was an appeal by the Applicants from a 2015 denial by the ZBA of a use variance application made by the Applicants relating to the same proposed asphalt plant.

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  • DONNELLY vs. WESTFORD ZONING BOARD OF APPEALS, MISC …

    The third related case (Land Court Case No. 15 MISC 000208) ("Case 3") was an appeal by the Applicants from a 2015 denial by the ZBA of a use variance application made by the Applicants relating to the same proposed asphalt plant. In this case ("Case 4"), Plaintiffs challenge the allowance by the ZBA of a second variance application made by the

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  • Legal Battle Continues on Asphalt Plant - Wanderer

    Mar 14, 2012 · "If the Edgewood plant is built, it will be a closer distance to its residential abutters than any other known asphalt plan in Massachusetts," said the appeal. The opponents also argue that construction of the plant would violate a town bylaw, which states that "no such use is permitted which would be detrimental or offensive or tend to

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  • Appalachian Materials Asphalt Plant Can Proceed After NC

    Apr 03, 2019 · April 3, 2019 In a recent decision filed on March 27, the North Carolina Supreme Court has determined that the court would not hear an appeal from Watauga County in its ongoing court battle with

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  • Asphalt plant issue prompts debate in Westford, Chelmsford

    Jan 04, 2016 · The town of Westford sustained a blow Dec. 10 when a Land Court judge denied a request for a trial on key arguments regarding a proposed asphalt plant for the northeast corner of town…

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  • Rochester Zoning Board of Appeals upholds decision on

    Feb 16, 2012 · Rochester Zoning Board of Appeals upholds decision on asphalt plant construct an asphalt-making plant on 5 acres of land in an industrially-zoned area where one other bituminous concrete plant

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  • Crowd packs Westford meeting as asphalt-plant back before

    Jan 22, 2015 · Crowd packs Westford meeting as asphalt-plant back before Planning Board the plan after the state Land Court sent the matter back to the town. has the right to appeal the court decision

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  • Massachusetts batch plant gets OK from judge • Aggregate

    Aug 14, 2015 · A judge has ruled that Framingham town in Massachusetts must permit a concrete batching plant on Old Connecticut Path, a project the town has opposed for a decade. In a ruling last month, Land Court Judge Keith C Long vacated the Zoning Board of Appeals' decision to deny Paulini Loam a special permit to build the facility within a "General

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  • Asphalt plant proposal draws concerns in Westford

    Apr 06, 2015 · The conflict over a controversial asphalt plant proposal, that has drawn concerns from both Chelmsford and Westford residents, continues as the Westford Zoning Board of Appeals …

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  • ASPHALT PLANT RETROSPECTIVE: The Best Laid Plans, Part …

    Aug 03, 2017 · ASPHALT PLANT RETROSPECTIVE: The Best Laid Plans, Part One. Westford town officials have granted a special permit to Newport Materials at 540 Groton Road that will allow the operation of a controversial asphalt plant. But Chelmsford selectmen have now filed an appeal of the settlement between Newport and Westford. PHOTO BY JOYCE PELLINO CRANE.

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  • Asphalt plant proposal draws concerns in Westford

    Apr 06, 2015 · The conflict over a controversial asphalt plant proposal, that has drawn concerns from both Chelmsford and Westford residents, continues as the Westford Zoning Board of Appeals …

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  • Court Rules Against Hillsborough - Carolina Journal

    The appeals court majority also found the ordinance of questionable constitutionality, in banning asphalt plants from the town. "Courts in other jurisdictions require a municipality to demonstrate a much greater substantial relationship between the ordinance and the public welfare where a total prohibition of a lawful activity is involved

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  • Court gives asphalt plant go-ahead in Westford - The

    Nov 10, 2016 · Sands ordered the town to file the special permit for the plant with the town clerk by Nov. 14, opening the 20-day appeals period under state law. The Land Court ruling was handed down less

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  • Court dismisses Chelmsford appeal of Westford asphalt plant

    Sep 07, 2017 · The Middlesex Superior Court dismissed the town of Chelmsford's appeal of the proposed Newport Materials asphalt plant on Groton Road in Westford.The Sept. 6 decision agreed with Newport Materials that the town of Chelmsford had a lack of standing for the appeal.Chelmsford Town Manager Paul Cohen said, "I have notified the members of the Board of Selectmen of this court decision.

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  • Neighbors Seek to Appeal Asphalt Plant Settlement

    Oct 07, 2016 · The land abuts the site of the now defunct Fletcher granite quarry. The operation of an asphalt plant would require a hot mix asphalt drum, a fuel oil storage tank, a hot oil heater, various storage tanks and silos, a 68-foot venting smokestack, and conveyors, according to court …

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  • EDITORIAL: Asphalt plant does not belong in Westford

    Apr 01, 2015 · DeFelice appealed the Planning Board's decision in Land Court and got a preliminary ruling from Judge Alexander H. Sands III on Dec. 8, that indicated DeFelice would win a final decision if he

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  • COURT OF APPEALS

    Feb 21, 2019 · ¶7 The Town sought certiorari review of the Board of Adjustment's decision in the circuit court. American Asphalt and the Thiels intervened as defendants. The court affirmed the Board's decision. The Town appeals. Additional facts are discussed below as necessary. DISCUSSION

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  • Legal Battle Continues on Asphalt Plant - Wanderer

    Mar 14, 2012 · "If the Edgewood plant is built, it will be a closer distance to its residential abutters than any other known asphalt plan in Massachusetts," said the appeal. The opponents also argue that construction of the plant would violate a town bylaw, which states that "no such use is permitted which would be detrimental or offensive or tend to

    GET A QUOTE