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Appeals court weighs Halifax permit conditions for cranberry sand-moving operation

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Summary

The Appeals Court heard argument in an appeal by Morse Brothers challenging a Halifax earth‑removal permit that restricts sand‑movement used in cranberry cultivation.

The Appeals Court heard argument in a challenge by Morse Brothers, a cranberry grower, to a Halifax earth‑removal permit that limits daily truck trips, imposes speed and timing restrictions, requires groundwater monitoring, and assessed a per‑cubic‑yard fee. Morse Brothers contends the town’s requirement that it secure a permit for sand movement used in cranberry cultivation is precluded by the Dover Amendment (G.L. c.40A §3), which protects agricultural uses from local special‑permit…

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