DALTON, Mass. — The dispute between Berkshire Concrete and the town has taken another turn as the town pursues a countersuit against the excavation company.

 

On April 13, Berkshire Concrete Corp., a subsidiary of Petricca Industries, launched legal action against the town, seeking damages, the overturning of the Planning Board's denial of its special permit, and additional proposed orders of a court. 

 

The town has responded with a countersuit of its own, seeking a preliminary injunction requiring Berkshire Concrete to fully restore Lot 105-16 and a permanent injunction mandating an effective dust mitigation plan. 

 

The suit also requests that Berkshire Concrete pay all fines assessed against them, along with the town’s legal costs and attorney's fees, and other relief deemed by the court. 

 

The claim explains the timeline of events dating back to 2024 when Berkshire Concrete started mining without town approval on parcel 105-16, clearing trees and vegetation that abuttors claimed acted as a natural barrier. 

 

The removal of this vegetation resulted in the creation of a corridor for wind to carry dust from the lot and onto residential properties in the abutting neighborhood, the suit claims. 

 

Almost a year ago, both the Select Board and Planning Board expressed that they wanted parcel No. 105-16 fully mitigated to abide by the town's bylaws.