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SWAMPSCOTT v. REMIS

350 Mass. 523 (1966)

215 N.E.2d 777

TOWN OF SWAMPSCOTT vs. HARRY REMIS & others.

Supreme Judicial Court of Massachusetts, Essex.

April 5, 1966.

Attorney(s) appearing for the Case

Charles M. Ewing for the petitioner.

Gerald Gillerman for the respondents.

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

WILKINS, C.J.

This is a petition by the town of Swampscott against Harry Remis and the executors and trustees of the estate of Abraham S. Burg to establish its right to take by eminent domain certain real estate and to determine damages. G.L.c. 80A, § 4, inserted by St. 1929, c. 380, § 1. The respondents dispute the right of the petitioner to take their real estate on the ground that the proceedings deny them reasonable...

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