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TOWN OF SUDBURY v. SCOTT

439 Mass. 288 (2003)

TOWN OF SUDBURY v. CHARLES F. SCOTT, individually and as trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 1, 2003.

Attorney(s) appearing for the Case

Paul L. Kenny (Brian Callahan with him) for the plaintiff.

Kenneth J. Mickiewicz (Carl K. King & Michael W. Wiggins with him) for the defendants.

Christine Hughes, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, J.

The town of Sudbury appeals from a judgment of the Land Court declaring that the town did not have a right of first refusal as to Charles F. Scott's offer to purchase a seventy-acre parcel of land (locus) that was valued, assessed, and taxed as agricultural land under G. L. c. 61A. The locus had been sold to Scott without prior notice to the town of the terms of Scott's offer because Scott had agreed with the seller to continue the agricultural use of the...

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