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CUMBERLAND FARMS v. MONTAGUE ECON. DEV & INDUS

No. 94-P-342.

38 Mass. App. Ct. 615 (1995)

CUMBERLAND FARMS, INC. vs. MONTAGUE ECONOMIC DEVELOPMENT AND INDUSTRIAL CORPORATION.

Appeals Court of Massachusetts, Franklin.

June 2, 1995.

Attorney(s) appearing for the Case

W. Mark Russo for the plaintiff.

Debra L. Purrington for the defendant.

Present: KASS, JACOBS, & GREENBERG, JJ.

KASS, J.

By an action brought November 15, 1991, Cumberland Farms, Inc. (Cumberland), seeks to challenge a plan for an "economic development project" formulated under G.L.c. 121C and approved by the town meeting of Montague on December 6, 1984. A judge of the Superior Court dismissed the action as untimely, but Cumberland argues that as its land (the locus) was not actually taken until September 21, 1990, the provisions...

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