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M.B. CLAFF, INC. v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

No. 00-P-1679.

59 Mass. App. Ct. 669 (2003)

M.B. CLAFF, INC. v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Appeals Court of Massachusetts, Plymouth.

October 17, 2003.

Attorney(s) appearing for the Case

Kevin P. Sweeney for the plaintiff.

Richard K. Jeffery, Jr., for the defendant.

Present: GELINAS, COWIN, & BERRY, JJ.

COWIN, J.

We address the question of the validity and implementation of G. L. c. 79, § 37,1 providing for the payment of interest on judgments in eminent domain cases in light of those provisions of the United States Constitution and the Massachusetts Declaration of Rights2 that require the payment of just compensation when private property is taken for...

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