DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.

 

The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13. 

 

Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.

 

The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.

 

It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.

 

The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 

 

Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages.