McLAUGHLIN v. BOARD OF SELECTMEN OF AMHERST

No. 93-P-717.

38 Mass. App. Ct. 162 (1995)

CHARLES H. McLAUGHLIN, trustee, vs. BOARD OF SELECTMEN OF AMHERST.

Appeals Court of Massachusetts, Hampshire.

February 24, 1995.


Attorney(s) appearing for the Case

Alan Seewald, Assistant Town Counsel, for the defendant.

William K. Danaher, Jr., for the plaintiff.

Present: DREBEN, PORADA, & IRELAND, JJ.


IRELAND, J.

At its 1987 annual town meeting, the town of Amherst voted to take the plaintiff's property, a twenty-seven and one-half acre parcel, by eminent domain for town conservation land. The town offered the plaintiff a $110,000 pro tanto award as compensation for the taking. The plaintiff sued for an assessment of damages under G.L.c. 79, § 14.

Following a jury trial in Hampshire County Superior...

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