SALEM COUNTRY CLUB v. PEABODY REDEVELOPMENT


21 Mass. App. Ct. 433 (1986)

487 N.E.2d 864

SALEM COUNTRY CLUB, INC. vs. PEABODY REDEVELOPMENT AUTHORITY.

Appeals Court of Massachusetts, Essex.

January 17, 1986.


Attorney(s) appearing for the Case

Eugene G. Pararese (Daniel B. Kulak, Assistant City Solicitor, with him) for the defendant.

Gordon H. Piper (Joseph L. Cotter with him) for the plaintiff.

Present: GREANEY, C.J., PERRETTA, & KASS, JJ.


KASS, J.

In assessing eminent domain damages sustained by Salem Country Club, Inc. (Salem), from the loss through a taking of about forty-two and a half acres, the trial judge, sitting without a jury, heard and considered evidence concerning the likelihood of public action and private land acquisition which would improve access to the land taken. Receiving and considering that evidence, the taking authority argues, was error. We affirm the judgment, insofar as it...

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