VILLAGE ON THE HILL v. MASSACHUSETTS TURNPIKE AUTH.


348 Mass. 107 (1964)

202 N.E.2d 602

VILLAGE ON THE HILL, INC. vs. MASSACHUSETTS TURNPIKE AUTHORITY & another. SAME vs. BUILDING COMMISSIONER OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

November 12, 1964.


Attorney(s) appearing for the Case

Joseph B. Abrams (Joseph Graglia & Robert T. Abrams with him) for Village on the Hill, Inc.

Lawrence J. Moore, Assistant Corporation Counsel, for the Building Commissioner of Boston.

John L. Murphy, Jr. (Arthur A. Karp with him) for Massachusetts Turnpike Authority.

Sumner H. Babcock (Francis S. Moulton, Jr., with him) for Rivett Lathe & Grinder, Inc.

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


CUTTER, J.

These two cases grow out of the authority's eminent domain taking of land of the plaintiff (Village) in the Brighton district of Boston in connection with extending the Massachusetts turnpike to Boston. The first case, a bill primarily for declaratory relief, alleges that the takings were illegal and part of a plan by the authority and a defendant in the equity suit, Rivett Lathe & Grinder, Inc. (Rivett), to deprive Village of its property for the benefit...

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