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DEVINE v. TOWN OF NANTUCKET

449 Mass. 499 (2007)

WILLIAM J. DEVINE, trustee, v. TOWN OF NANTUCKET & another.

Supreme Judicial Court of Massachusetts, Nantucket.

July 19, 2007.

Attorney(s) appearing for the Case

Robert D. Hillman for town of Nantucket.

Philip H. Graeter (J. Owen Todd with him) for the plaintiff.

Henry H. Thayer, for Real Estate Bar Association for Massachusetts, Inc., & another, amici curiae, submitted a brief.

Michael E. Malamut, Martin J. Newhouse, & Jo Ann Shotwell Kaplan, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

MARSHALL, C.J.

In 1968, the town of Nantucket (town) took certain property (locus) by eminent domain for purposes related to Nantucket Memorial Airport (airport). At that time the locus was listed as "owners unknown" on the town's tax rolls, even though there was in fact an identifiable record owner. In 1985, an attorney acting on behalf of William J. Devine, trustee of the Loomis Realty Trust (trust), purchased the record owner's title and subsequently conveyed it...

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