MASSACHUSETTS TURNPIKE AUTHORITY v. COMMONWEALTH


347 Mass. 524 (1964)

199 N.E.2d 175

MASSACHUSETTS TURNPIKE AUTHORITY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Middlesex.

May 29, 1964.


Attorney(s) appearing for the Case

Charles F. Mahoney (Thomas J. Wilgren with him) for the petitioner.

Frederic E. Greenman, Assistant Attorney General (John F. St. Cyr, Legal Assistant to the Attorney General, with him), for the respondent.

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


WILKINS, C.J.

The petitioner is "a body politic and corporate" established by St. 1952, c. 354, as amended, "and is a public instrumentality performing an essential governmental function." It owns and operates a toll express highway running easterly from the New York State line and terminating in Weston at the date of filing the petition. On March 28, 1961, the Commonwealth, acting through its Department of Public Works, purported to take by eminent domain for highway...

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