CHANDLER v. COUNTY COMMISSIONERS OF NANTUCKET COUNTY


437 Mass. 430 (2002)

ALFRED D. CHANDLER, JR., & others v. COUNTY COMMISSIONERS OF NANTUCKET COUNTY.

Supreme Judicial Court of Massachusetts, Barnstable.

August 7, 2002.


Attorney(s) appearing for the Case

Howard P. Blatchford, Jr. (Andrew J. Ley with him) for the plaintiffs.

Kimberly M. Saillant for the defendant.

Michael E. Malamut, for New England Legal Foundation, amicus curiae, submitted a brief.

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


MARSHALL, C.J.

At issue in this appeal is the validity of several takings of land in the Surfside area on the southern coast of Nantucket. The county commissioners of Nantucket County (commissioners) took the property in fee simple pursuant to G. L. c. 82. That statute grants the commissioners the authority to take land "necessary, for the purpose of laying out, altering or relocating a highway." G. L. c. 82, § 7. At...

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