Land Court to weigh night trucking.Byline: John Dignam WEBSTER - The Massachusetts Land Court has taken under advisement Deliberation; consultation. A court takes a case under advisement after it has heard the arguments made by the counsel of opposing sides in the lawsuit but before it renders its decision. ADVISEMENT. a complaint by A. Duie Pyle Companies trucking firm seeking to prohibit the town from restricting its overnight operations in the Goya Industrial Park area. Assistant Clerk Melvin A. Karas Karas may refer to:
A 90-minute hearing on the complaint was held in Boston yesterday afternoon before Judge Keith C. Long of the Land Court, according to Mr. Karas. Zoning Enforcement Officer Edwin Kus on May 9 issued an order to the company to cease "all loading and unloading and any related activities from 9 p.m. to 6 a.m. every night." The order was based on studies of nighttime noise generated by the company, according to the order. The studies were paid for by a group of residents who have complained about the noise since 2000. The Zoning Board of Appeals on Aug. 14 denied a company appeal and ordered the company to "continue the cease and desist Cease and desist (also called C & D) is a legal term used primarily in the United States which essentially means "to halt" or "to end" an action ("cease") and to refrain from doing it again in the future ("desist"). " order. The company, in Goya Industrial Park off Cudworth Road, has said it is operating legally in an industrial zone as an overnight delivery business. Company officials say it cannot operate unless it can unload and load merchandise at night. The company did not stop night operations while appealing to the ZBA ZBA See: Zero balance account . It requested and received a temporary restraining order temporary restraining order: see injunction. from the Land Court when it filed its Aug. 16 complaint to appeal the ZBA's upholding of the cease and desist order An order issued by an Administrative Agency or a court proscribing a person or a business entity from continuing a particular course of conduct. The force and effect of a cease and desist order are similar to those of an Injunction issued by a court. . |
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