ELDREDGE v. BOARD OF SELECTMEN OF BREWSTER


18 Mass. App. Ct. 502 (1984)

468 N.E.2d 286

EMMA F. ELDREDGE & others vs. BOARD OF SELECTMEN OF BREWSTER.

Appeals Court of Massachusetts, Barnstable.

September 4, 1984.


Attorney(s) appearing for the Case

John D. Hallisey & David H. Tately for the plaintiffs.

Edward E. Veara & Paul V. Benatti for the defendant.

Present: BROWN, CUTTER, & KASS, JJ.


KASS, J.

More than five years after an eminent domain taking by the selectmen of Brewster, substantially beyond the two-year limitation period for damage petitions then prescribed. by G.L.c. 79, § 16, the plaintiffs brought a complaint to recover an award the selectmen had made on account of the land to which the plaintiffs claim title. The question for decision is whether the plaintiffs' claim is time-barred, as a Superior Court judge decided, or whether it...

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