Henry v. Board of Appeals of Dunstable

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining whether activity was incidental to permitted use is fact- dependent inquiry comparing net effect of incidental use to primary use and evaluating reasonableness of relationship between incidental and primary uses
• proposed excavation and removal of gravel from five-acre portion of 39-acre lot to help area suitable for cultivating Christmas trees was not agricultural nor incidental to an agricultural use, but rather qualified as an independent commercial quarrying project
• words used should be interpreted according to their common usages
• agricultural use includes uses incidental to primary use of agriculture
• excavation and sale of 300,000 to 400,000 cubic yards of gravel over three year period from 5-acre area of 19-acre parcel devoted to tree farm was not incidental to the agricultural use of the larger parcel and not entitled to agricultural use exemption under §3

Source: CourtListener parenthetical corpus (CC0).