THE GENERAL HOSPITAL CORP. v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY


423 Mass. 759 (1996)

THE GENERAL HOSPITAL CORPORATION v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 14, 1996.


Attorney(s) appearing for the Case

John W. Spencer for the defendant.

Neal C. Tully for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.


LYNCH, J.

The General Hospital Corporation (MGH) brought an action in the Superior Court, pursuant to G. L. c. 79 (1994 ed.), for an assessment of damages caused by eminent domain takings made by the Massachusetts Bay Transportation Authority (MBTA). MGH owned the condemned parcel in fee simple, subject to an easement for highway purposes. The easement was taken by the Department of Public Works (DPW) in 1951 from the Boston and Maine Corporation (B&M), the predecessor...

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