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LUTHERAN SERV. ASS'N OF N.E. v. METRO. DIST. COMM.

397 Mass. 341 (1986)

491 N.E.2d 255

LUTHERAN SERVICE ASSOCIATION OF NEW ENGLAND, INC. vs. METROPOLITAN DISTRICT COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

April 17, 1986.

Attorney(s) appearing for the Case

Mark S. Bourbeau, Assistant Attorney General (Ernest P. DeSimone, Special Assistant Attorney General, with him), for the defendant.

William R. Santo for the plaintiff.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

This is a civil action in the nature of mandamus. G.L.c. 249, § 5. The plaintiff seeks an order compelling the defendant Metropolitan District Commission (MDC) to perform its alleged "statutory duty pursuant to Chapter 1225 of the Acts of 1973 which mandates that the [MDC] acquire specifically designated property owned by [the] plaintiff for public purposes by either purchase or eminent domain taking pursuant to G.L.c. 79." After a trial, a judge...

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