LAND USE *North reading V.

Drink Water FACTS: by law prohibited the removal of loam, sand and ravel for sale within 250 feet of street line and not permitted except by special permit. -Defendant wa removing loam since 1935. Portion of the land was within 250 feet of street and intended to remove more then one half of it. ISSUE: Whether the by law is a valid HOLD: NOT ANALYSIS/RULE: By-law deals with the right to make an otherwise lawful use of land by seeking to prevent the removal and sale of the component parts. -The by-law gives the board of appeals the unrestrained power to grant/deny permits. -The by law exceepds the powers granted pursuant to Ch 40A s21. -Police powers can NOT give ALL power to town. *HOME RULE* * CHR GEN. v. NEWTON * FACTS: plaintiff wanted to convert building to condos. Units NOT sold by X date were subject to city ordinance. ORDINANCE: 1) File an application with the board. 2) TENATS given 60 days notice and offered right of first regusal within 90 days of post filing. 3) owner must file adequate tenant relation plan. -IF granted permit the owner NOT regain possession of the units UNLESS there is a material breach of the terms. -IF board finds a hardship to exist with repsect to the tenatnt the ordinace extensds another five years