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BENNETT v. BROOKLINE REDEVELOPMENT AUTHORITY

342 Mass. 418 (1961)

173 N.E.2d 815

JOSEPH E. BENNETT, TRUSTEE, vs. BROOKLINE REDEVELOPMENT AUTHORITY.

Supreme Judicial Court of Massachusetts, Norfolk.

April 6, 1961.

Attorney(s) appearing for the Case

John F. Elliott & Maurice H. Richardson, III, for the respondent.

Harold M. Linsky & J. Burke Sullivan, for the petitioner.

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

SPALDING, J.

This is a petition for the assessment of damages for a taking of land of the petitioner by the Brookline Redevelopment Authority (hereinafter called the authority) under G.L.c. 121. At the trial the authority sought, under G.L.c. 79, § 35, to introduce the assessors' valuation of the property taken for the three years next preceding the date of the taking. This evidence was excluded. The authority excepted and made appropriate offers of proof. The...

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