MALONE v. COMMONWEALTH


378 Mass. 74 (1979)

389 N.E.2d 975

HENRY A. MALONE & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Hampden.

May 14, 1979.


Attorney(s) appearing for the Case

John W. Spencer, Assistant Attorney General, for the Commonwealth.

John J. Egan for the plaintiffs.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.


KAPLAN, J.

The plaintiffs, husband and wife, are owners of property in a rural area in the city of Westfield improved by a residence and by two buildings in which they have been operating a gift shop. They commenced an action in the Superior Court for Hampden County, pursuant to G.L.c. 79, § 12, to recover for "permanent" diminution in the market value of their property caused, so they claimed, by the relocation of a...

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