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BURLINGTON v. BEDFORD

417 Mass. 161 (1994)

628 N.E.2d 1280

TOWN OF BURLINGTON vs. TOWN OF BEDFORD.

Supreme Judicial Court of Massachusetts, Middlesex.

February 24, 1994.

Attorney(s) appearing for the Case

George A. McLaughlin, Jr. (Theodore E. Daiber with him) for the plaintiff.

Joseph Halpern for the defendant.

Scott Harshbarger, Attorney General, Stuart T. Rossman & Catherine C. Ziehl, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

ABRAMS, J.

At issue is whether the loss of a "reasonably probable" future access to a public way is compensable under G.L.c. 79, § 12 (1992 ed.).1 The plaintiff, the town of Burlington, appeals from a judgment dismissing counts II through V of Burlington's complaint, and entry of a summary judgment in favor of the defendant, the town of Bedford,2 on count I....

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