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NABHAN v. BOARD OF SELECTMEN OF SALISBURY

12 Mass. App. Ct. 264 (1981)

423 N.E.2d 1023

HAROLD NABHAN & Others vs. BOARD OF SELECTMEN OF SALISBURY & others.

Appeals Court of Massachusetts, Suffolk.

July 17, 1981.

Attorney(s) appearing for the Case

George W. Clark, Jr., Town Counsel, for the defendants.

David Berman for the plaintiffs.

Present: HALE, C.J., PERRETTA, & DREBEN, JJ.

PERRETTA, J.

The plaintiffs are owners of realty and businesses located on The Driftway, a public way in the town of Salisbury. The defendants closed that way to vehicular traffic, and the plaintiffs brought an action in the Superior Court alleging that the defendants had acted in violation of G.L.c. 85, § 2E, and c. 90, § 18,3 and that the closing of the way constituted a taking of their property by eminent domain. They sought...

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