TOWN OF SUDBURY v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

SJC-12738.

485 Mass. 774 (2020)

TOWN OF SUDBURY, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 22, 2020.


Attorney(s) appearing for the Case

George X. Pucci ( Audrey A. Eidelman also present) for the plaintiff.

Thaddeus A. Heuer for Massachusetts Bay Transportation Authority.

Joshua A. Lewin for NSTAR Electric Company.

Mark R. Rielly & Rachel C. Thomas , for New England Power Company & another, amici curiae, submitted a brief.

Jessica Gray Kelly & Daniel C. Johnston , for NAIOP Massachusetts & others, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


In this appeal, we consider the scope of the common-law doctrine of "prior public use." Under this long-standing doctrine, public lands acquired for one public use may not be diverted to another inconsistent public use unless the subsequent use is authorized by plain and explicit legislation. Robbins v. Department of Pub. Works...

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