O’Briens receive injunction from Land Court, protecting from tickets

GREAT BARRINGTON – With a Land Court injunction restraining the town from issuing any more tickets on their trucks, business owners Gary and Kristen O’Brien say they’re ready for a lengthy legal battle over what trucking activities will be allowed at their property on 11 Roger Road.

The next appearance by representatives for the town and the O’Briens in Land Court will be in June 2019. Kristen O’Brien said she was told by her lawyer to expect the proceeding to last at least two years and possibly longer.

The Land Court’s order says that the specific trucks owned by the O’Briens will be allowed to continue their operations between the hours of 5:30 a.m. and 8 p.m. on every day of the week except Sunday. The town is enjoined and restrained from issuing tickets in accordance with the zoning board of appeals’ cease-and-desist order that had harsher restrictions.

O’Brien and town zoning enforcement officer Edwin May appeared before an assistant clerk magistrate, Michael Wallace, at Southern Berkshire District on the morning of October 3, 2018, the latest chapter in a long series of legal disputes that predates even the O’Brien’s purchase of the property in 2011.

For the rest of this story:
1. Pick up a copy of the Berkshire Record at a newsstand near you
2. Download the Berkshire Record App from the iTunes app store
3. Subscribe by calling (413) 528-5380 x. 29, or by emailing billing@berkshirerecord.net