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HEDDENDORF v. COMMONWEALTH

13 Mass. App. Ct. 584 (1982)

435 N.E.2d 660

GEORGE B. HEDDENDORF vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

May 25, 1982.

Attorney(s) appearing for the Case

Gregory Sullivan for the plaintiff.

Irene Dwyer Emerson, Assistant Attorney General, for the Commonwealth.

Present: BROWN, KASS, & SMITH, JJ.

KASS, J.

In this eminent domain action, the Commonwealth by its answer called into question the plaintiff's title to the land taken. A judge who heard the case without a jury pursuant to G.L.c. 79, § 22, as appearing in St. 1973, c. 983, § 1,1 decided on the basis of documentary evidence (consisting of deeds and plans) that the plaintiff did not own the locus.

Aggrieved by this determination, the plaintiff claimed the...

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