PHEASANT RIDGE ASSOC. LTD. PARTNERSHIP v. BURLINGTON


399 Mass. 771 (1987)

506 N.E.2d 1152

PHEASANT RIDGE ASSOCIATES LIMITED PARTNERSHIP & others vs. TOWN OF BURLINGTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 30, 1987.


Attorney(s) appearing for the Case

Elizabeth A. Lane (Leonard Kopelman, Town Counsel, & Barbara Saint Andre with her) for the defendants.

Michael S. Gardener (Paul D. Wilson with him) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

The defendant town, acting through its selectmen, purported to take a 14.5 acre parcel on Center Street pursuant to a unanimous vote of a September 23, 1985, town meeting. The town voted to take the property "for the purpose of parks, recreation, and the construction of moderate income housing which will be subject to the review and approval of Town Meeting." The vote further appropriated $1,130,000 from available funds to pay for the land taking. On October...

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