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NORTH SHORE REALTY TRUST v. COMMONWEALTH

434 Mass. 109 (2001)

NORTH SHORE REALTY TRUST & another v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Middlesex.

May 14, 2001.

Attorney(s) appearing for the Case

Neal C. Tully for the plaintiffs.

Matthew Q. Berge, Assistant Attorney General, for the Commonwealth.

Present (Sitting at Northampton): MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

The issues on appeal of this eminent domain case are whether the subject parcel is a "lot" under the Cambridge zoning ordinance and whether the plaintiff is entitled to costs against the Commonwealth. We conclude that the property is a "lot" and that G. L. c. 79 entitles the plaintiff to costs.

1. Facts. On June 20, 1997, the Metropolitan District Commission (MDC) took by eminent domain a parcel...

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