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BURWICK v. MASSACHUSETTS HIGHWAY DEPARTMENT

No. 00-P-608.

57 Mass. App. Ct. 302 (2003)

STEPHEN D. BURWICK v. MASSACHUSETTS HIGHWAY DEPARTMENT & another.

Court of Appeals of Massachusetts, Middlesex.

February 6, 2003.

Attorney(s) appearing for the Case

Roy A. Bourgeois for the plaintiff.

Martin M. Fantozzi (Mei-Ling Huang with him) for Solomon Pond Mall LLC.

John E. Bowen, Assistant Attorney General, for Massachusetts Highway Department.

Present: DUFFLY, DREBEN, & TRAINOR, JJ.

TRAINOR, J.

Stephen D. Burwick (Burwick) appeals from a Superior Court judgment for the Massachusetts Highway Department (department) and Berlin Properties Limited Partnership (Berlin), dismissing Burwick's claim that the department illegally took an easement over his property for Berlin's benefit.2 Concluding that the taking was invalid, we reverse.

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