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Real Estate & Property Law

: Law of the Land

Sandpit Owner Exceeded Scope of Excavation Permit

By Patty Salkin

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Plaintiffs own and operate a sandpit. The owner of land abutting the sandpit qualifies as a ?disapproving abutter? and as such, excavation is prohibited within fifty feet of abutter?s land.  Plaintiffs applied for an excavation permit, and during excavation violated the fifty-foot setback prohibition.  Plaintiffs asserted that the soil movement in the set back area [...]

Full post as published by Law of the Land on March 22, 2010 (boomark / email).

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