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KRUTIAK v. TOWN OF CHESHIRE

No. 06-P-1360.

71 Mass. App. Ct. 387 (2008)

DAVID L. KRUTIAK & another v. TOWN OF CHESHIRE.

Appeals Court of Massachusetts, Berkshire.

March 14, 2008.

Attorney(s) appearing for the Case

Philip M. Cronin (Edmund R. St. John, III, with him) for the defendant.

John J. Egan (Robert L. Quinn with him) for the plaintiffs.

Present: GELINAS, COHEN, & SIKORA, B.

SIKORA, J.

In this eminent domain case we consider the standards for valuation of land enhanced by its capacity to furnish a public water supply. In April of 1998, the defendant town of Cheshire (town) made a partial taking of a rural tract of approximately twenty acres owned by the plaintiffs David and Karen Krutiak (Krutiaks or plaintiffs). The town took the eastern half of the tract (parcel two) comprised of 10...

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