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WORCESTER v. EISENBEISER

7 Mass. App. Ct. 345 (1979)

387 N.E.2d 1154

CITY OF WORCESTER vs. JOHN H. EISENBEISER (and a companion case).

Appeals Court of Massachusetts, Worcester.

April 6, 1979.

Attorney(s) appearing for the Case

Bennett S. Gordon, Assistant City Solicitor, for the plaintiff.

Kevin T. Byrne for the defendant.

Present: BROWN, GREANEY, & KASS, JJ.

BROWN, J.

This is an appeal by the city of Worcester (city) from judgments entered in the Superior Court which (1) annulled a demolition order issued by the city pursuant to G.L.c. 139, § 1, and (2) awarded the defendant Eisenbeiser damages in the amount of $23,000 for the wrongful demolition of his building. The city also appeals from an order denying its motion for a new trial and for a remittitur.

The following facts appear from the record. Eisenbeiser...

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