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

By an action brought November 15, 1991, Cumberland Farms, Inc. (Cumberland), seeks to challenge a plan for an “economic development project” formulated under G. L. c. 121C and approved by the town meeting of Montague on December 6, 1984. A judge of the Superior Court dismissed the action as untimely, but Cumberland argues *616that as its land (the locus) was not actually taken until September 21, 1990, the provisions of G. L. c. 79, § 16, as amended by St. 1982, c. 248, § 1, afforded it three years, i.e., until September 20, 1993, to challenge the legality of the underpinnings of the taking.

A…