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

441 Mass. 596 (2004)

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

Supreme Judicial Court of Massachusetts, Plymouth.

May 7, 2004.

Attorney(s) appearing for the Case

Kevin P. Sweeney for the plaintiff.

Richard K. Jeffery for the defendant.

Thomas F. Reilly, Attorney General, & Jason B. Barshak, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

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

SOSMAN, J.

In this appeal, we have been asked to rule that the statute setting the interest rate for judgments in eminent domain cases, G. L. c. 79, § 37,1 is unconstitutional because, as applied to this plaintiff, the rate that it prescribes is so low as to be confiscatory pursuant to the Fifth Amendment to the United States Constitution (owner entitled to "just compensation" when property...

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