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RUSSELL v. CANTON

361 Mass. 727 (1972)

282 N.E.2d 420

RICHARD V. RUSSELL & another vs. TOWN OF CANTON & others.

Supreme Judicial Court of Massachusetts, Norfolk.

May 5, 1972.

Attorney(s) appearing for the Case

Avram G. Hammer (Joseph H. Malloy with him) for the plaintiffs.

Eugene J. Galligan, Town Counsel, for the defendants.

Present: TAURO, C.J., SPIEGEL, QUIRICO, & BRAUCHER, JJ.

QUIRICO, J.

This is a bill in equity challenging the validity of an order adopted by the board of selectmen (board) of the town of Canton (town) taking by eminent domain a portion of a parcel of land owned by the plaintiffs. The bill seeks money damages and specific affirmative relief against the town, the board, and the treasurer and superintendent of the department of public works of the town. The case is before this court on the plaintiffs' appeal from a final...

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