Soeder v. County Commissioners

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 purposes. In the present action the plaintiff Lisa Soeder claimed resulting “special and peculiar” damages for alleged injury. On cross motions for summary judgment, a Superior Court judge allowed partial judgment…