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WORCESTER REDEVELOPMENT AUTHORITY v. DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT

No. 97-P-1955.

47 Mass. App. Ct. 525 (1999)

WORCESTER REDEVELOPMENT AUTHORITY v. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; MARR OIL HEAT CO., INC., intervener.

Court of Appeals of Massachusetts, Suffolk.

August 4, 1999.

Attorney(s) appearing for the Case

Seth D. Jaffe for the plaintiff.

Kathryn B. Palmer for the defendant.

Present: KASS, DREBEN, & SPINA, JJ.

KASS, J.

At the time real estate between Charles Street and Howard Street in Worcester (locus) was taken by eminent domain, there were on it oil storage tanks above and below the ground, together with pumps, valves, meters, and connecting pipes. The question in dispute is whether that equipage was part of the real estate or was personal property belonging to a tenant who, if that were so, was entitled to relocation compensation under G. L. c. 79A. We decide, as did...

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