Operator of bituminous concrete plant filed petition for determination of validity of town zoning ordinance, alleging that its nonconforming use of property was not a use prohibited by zoning bylaws, but remained a use as of right.
The appeals court held that:
- Bylaw prohibited use of property as bituminous concrete plant, and
- Use had lost its status as a preexisting nonconforming use through nonuse.
The court also noted that the right of the public to have the zoning by-law properly enforced cannot be forfeited by the action of a municipality’s officers.