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BOY SCOUTS OF AMERICA, CAPE COD v. YARMOUTH

No. 90-P-1357.

32 Mass. App. Ct. 713 (1992)

594 N.E.2d 552

BOY SCOUTS OF AMERICA, CAPE COD & ISLANDS COUNCIL, INC. vs. TOWN OF YARMOUTH.

Appeals Court of Massachusetts, Barnstable.

June 24, 1992.

Attorney(s) appearing for the Case

Joseph A. Lena for the defendant.

Michael Daniel Ford for the plaintiff.

Present: KASS, FINE, & LAURENCE, JJ.

LAURENCE, J.

The town of Yarmouth (town) appeals from a judgment on a jury verdict in favor of the Boy Scouts of America, Cape Cod & Islands Council, Inc. (Boy Scouts), assessing damages of $491,000 against the town on account of an August, 1986, taking by the town of undeveloped land owned by the Boy Scouts in Yarmouth. The land taken abutted Old Town House Road, a public way that had been laid out by the Barnstable...

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