Legal Opinion

Cumberland Farms, Inc. v. Montague Economic Development & Industrial Corp.

Court of Appeals for the First Circuit

Decided March 12, 1996No. 95-1822PublishedCited by 15 opinions

1Opinion of the Court

STAHL, Circuit Judge.

On September 21, 1990, the Montague Economic Development Industrial Corporation (“MEDIC”), after reaching impasse in negotiations to purchase from Cumberland Farms, Inc. (“Cumberland”) a convenience store in Turner’s Falls, Massachusetts, took the property by eminent domain. That same day, pursuant to Mass.Gen.L. ch. 79, § 1, the order of taking was recorded, and as a result, Cumberland’s ownership rights in the property were extinguished. Mass.Gen.L. ch. 79, § 3.

Cumberland, the owner of hundreds of convenience stores in various states, objected to MEDIC’s taking…

2Cases cited3 opinions

  1. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  2. Francis A. Willhauck, Jr. v. Paul HalpinCourt of Appeals for the First Circuit · 1992
  3. Lowell Housing Authority v. Save-Mor Furniture Stores, Inc.Massachusetts Supreme Judicial Court · 1963

3Cited by15 opinions

  1. Bowers v. National Collegiate Athletic Ass'nCourt of Appeals for the Third Circuit · 2007
  2. Bowers v. National Collegiate Athletic AssociationCourt of Appeals for the Third Circuit · 2007
  3. Johnnie A. Canady Nancy Canady v. Crestar Mortgage Corporation, Johnnie A. Canady Nancy Canady v. Crestar Mortgage CorporationCourt of Appeals for the Fourth Circuit · 1997
  4. Malden Mills Industries, Inc. v. Maroun (In Re Malden Mills Industries, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2004
  5. Martin A. Dale v. H.B. Smith Company, Inc., Martin A. Dale v. H.B. Smith Company, Inc., Martin A. Dale v. H.B. Smith Company, Inc.Court of Appeals for the First Circuit · 1998

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