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WHITEHOUSE v. SHERBORN

11 Mass. App. Ct. 668 (1981)

419 N.E.2d 293

LOUISE WHITEHOUSE & others vs. TOWN OF SHERBORN & others.

Appeals Court of Massachusetts, Middlesex.

April 9, 1981.

Attorney(s) appearing for the Case

Douglas W. Resnick for the plaintiffs.

Cathy J. Porter (Peter S. Terris with her) for the defendants.

Present: GRANT, BROWN, & GREANEY, JJ.

GREANEY, J.

The plaintiffs brought an action in the Superior Court in January, 1980, claiming that an order of taking recorded by the town of Sherborn in May, 1960, was invalid to vest title to the land described in the order in the town. The defendants moved under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), to dismiss the action because it was barred by the applicable limitations periods set forth in G.L.c. 79...

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