STEWART v. BURLINGTON


2 Mass. App. Ct. 712 (1974)

319 N.E.2d 921

JAMES R. STEWART & another vs. TOWN OF BURLINGTON.

Appeals Court of Massachusetts, Middlesex.

December 16, 1974.


Attorney(s) appearing for the Case

David Berman, Town Counsel, for the town of Burlington.

Present: HALE, C.J., ROSE, KEVILLE, GRANT, & ARMSTRONG, JJ.


GRANT, J.

This is a petition under G.L.c. 79 for the assessment of the damages sustained by the petitioners when the respondent town took an easement through a portion of their property in 1971. Following testimony by the chairman of the board of assessors of the town that there had been a comprehensive revaluation of real estate assessments in the town during the year 1968, the respondent offered evidence of the separate assessed values of the petitioners' land ...

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