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ROACH v. NEWTON REDEVELOPMENT AUTHORITY

8 Mass. App. Ct. 618 (1979)

396 N.E.2d 170

MARTIN J. ROACH vs. NEWTON REDEVELOPMENT AUTHORITY (and a companion case between the same parties).

Appeals Court of Massachusetts, Middlesex.

November 6, 1979.

Attorney(s) appearing for the Case

Philip M. Cronin for the defendant.

Robert Cohen for the plaintiff.

Present: BROWN, GREANEY, & PERRETTA, JJ.

GREANEY, J.

Following takings of his land by the defendant on May 13, 1969, and December 15, 1970,1 the plaintiff filed petitions for assessment of damages. G.L.c. 79, § 14. The petitions were tried to a Superior Court judge without a jury and thereafter before a Superior Court judge with a jury.2 G.L.c. 79, § 22, appearing in St. 1973, c. 983, § 1. At both trials, the dominant issue

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