YOUNG MEN'S CHRISTIAN v. SANDWICH WATER DIST.


16 Mass. App. Ct. 666 (1983)

454 N.E.2d 514

THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF QUINCY vs. SANDWICH WATER DISTRICT.

Appeals Court of Massachusetts, Barnstable.

September 28, 1983.


Attorney(s) appearing for the Case

Philip M. Boudreau (Arthur Van C. Lanckton with him) for the defendant.

James G. Walsh, Jr., for the plaintiff.

Present: ARMSTRONG, ROSE, & PERRETTA, JJ.


ARMSTRONG, J.

On August 12, 1977, the defendant (district) took by eminent domain 41.51 acres of land which was part of a 525-acre campsite belonging to the plaintiff and located in South Sandwich. The portion of the campsite taken by the district was undeveloped and wooded and had access only by dirt road. Prior to the taking, the land had been tested for well sites by a private consulting firm, and the district contemplates locating three wells on the property,...

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