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APPLETON v. MASSACHUSETTS PARKING AUTHORITY

340 Mass. 303 (1960)

164 N.E.2d 137

B. EARLE APPLETON & others vs. MASSACHUSETTS PARKING AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 1, 1960.

Attorney(s) appearing for the Case

Richard Wait, for the petitioners.

William H. Kerr, for the respondent city of Boston.

John F. Ferrick, for the respondent Massachusetts Parking Authority.

Present: WILKINS, C.J., SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WILKINS, C.J.

This petition for a writ of mandamus, which attacks the validity of two orders of taking by eminent domain of portions of Boston Common for the purpose of constructing an underground garage, has been reported without decision by a justice of the Superior Court upon what is in effect a case stated. G.L.c. 231, § 111. The petitioners are fourteen residents of the Commonwealth. The respondents are Massachusetts...

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