RAIMONDO v. BURLINGTON


366 Mass. 450 (1974)

319 N.E.2d 895

MARION GREY ANDREWS RAIMONDO vs. TOWN OF BURLINGON.

Supreme Judicial Court of Massachusetts, Middlesex.

December 3, 1974.


Attorney(s) appearing for the Case

Thomas F. Murphy for the plaintiff.

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

Present: QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

We are asked to determine whether a landowner can maintain a suit challenging the validity of a taking of her property and at the same time file a petition for the assessment of damages under G.L.c. 79, § 14. A judge of the Superior Court ruled that she could not. We hold that she can, and reverse the Superior Court's decrees.

The plaintiff filed a bill in equity on June 4, 1971, seeking a declaration that a purported taking of her property...

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