COMMONWEALTH v. MASSACHUSETTS TURNPIKE AUTHORITY


346 Mass. 250 (1963)

191 N.E.2d 481

COMMONWEALTH vs. MASSACHUSETTS TURNPIKE AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1963.


Attorney(s) appearing for the Case

Harvey E. Weir, Special Assistant Attorney General (William D. Quigley & Edward L. Kilroy with him), for the Commonwealth.

James W. Kelleher (Edward U. Lee with him) for the Massachusetts Turnpike Authority.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.


WILKINS, C.J.

This bill of complaint, which "represents" that it is brought by the Commonwealth, "acting by and through its Metropolitan District Commission," prays that certain takings by the defendant Massachusetts Turnpike Authority "be declared illegal and of no force or effect," and that the Authority "be restrained from entering upon the lands of the petitioner [sic] or in any way interfering with the operation of the water and sewer systems and the other...

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