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NEWTON v. TRUSTEES OF STATE COLLEGES

359 Mass. 668 (1971)

270 N.E.2d 907

CITY OF NEWTON & others vs. TRUSTEES OF STATE COLLEGES.

Supreme Judicial Court of Massachusetts, Middlesex.

June 15, 1971.

Attorney(s) appearing for the Case

James D. St. Clair (Stephen H. Oleskey with him) for the interveners, Samuel S. Dennis, III, & others.

Kevin P. Curry, Assistant Attorney General (Thomas J. Crowley, Assistant Attorney General, with him), for the Trustees of State Colleges.

Melvin J. Dangel, City Solicitor, for the City of Newton, Edward F. McLaughlin, Jr., & Stuart R. Johnson, for Trustees of the Chestnut Hill Farm Association, joined in a brief.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & BRAUCHER, JJ.

BRAUCHER, J.

The plaintiffs, the City of Newton and the Trustees of the Chestnut Hill Farm Association, sought a declaration that a certain taking by the defendants of 30.9 acres of land in the city belonging to the plaintiff trustees and of related rights of way was invalid and that subsequent takings by the city of the same land and additional land were valid. Several residents of the vicinity were permitted to intervene...

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