TATE v. MALDEN


334 Mass. 507 (1956)

136 N.E.2d 188

FRANK E.B. TATE & another vs. CITY OF MALDEN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 27, 1956.


Attorney(s) appearing for the Case

Bernard Kaplan, City Solicitor, for the defendants.

Gerald May, (Walter L. Landergan, Jr., with him,) for the plaintiffs.

Present: QUA, C.J., RONAN, WILKINS, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

The defendants appeal from a final decree adjudging to be null and void the taking by eminent domain by the city of Malden of five parcels of land on Middlesex Street, owned by the plaintiffs at the time of the taking, for the purpose of constructing a public parking place.

The decree was erroneous. We hold, contrary to the ruling of the judge in the Superior Court, that the special statute under which the city acted (St. 1954, c. 600) did authorize...

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