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SOEDER v. COUNTY COMMISSIONERS OF NANTUCKET COUNTY

No. 01-P-821.

60 Mass. App. Ct. 780 (2004)

LISA SOEDER & another v. COUNTY COMMISSIONERS OF NANTUCKET COUNTY.

Appeals Court of Massachusetts, Nantucket.

April 6, 2004.

Attorney(s) appearing for the Case

Robert D. Hillman for the defendants.

Michael C. Fee for the plaintiffs.

Present: Armstrong, C.J., Kaplan, & Porada, JJ.

KAPLAN, J.

A public way — a "Proprietors Way" in Nantucket usage, see note 2, infra — borders on the plaintiff Soeder's property in the village of Siasconset. The defendant County Commissioners of Nantucket County (County Commissioners) took steps under the eminent domain procedure to clear the way of a layer of vegetation and other material in order to regain the use of the way for emergency...

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