ROMAN CATHOLIC BISHOP OF SPRINGFIELD v. COMMONWEALTH


378 Mass. 381 (1979)

392 N.E.2d 829

ROMAN CATHOLIC BISHOP OF SPRINGFIELD vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Hampden.

July 5, 1979.


Attorney(s) appearing for the Case

Elizabeth Bowen Donovan, Assistant Attorney General, for the Commonwealth.

John J. Egan for the plaintiff.

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


QUIRICO, J.

This is a petition for assessment of damages under the eminent domain statutes. See G.L.c. 79, § 14. By an order dated December 29, 1965, the Commonwealth laid out Interstate Route 291, a limited access highway, in the city of Springfield. The highway passed near and parallel to the Notre Dame High School, which is a private educational institution operated by the petitioner (a corporation sole) on his own land. No land belonging to the petitioner...

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