Legal Opinion
Burnham v. Mayor & Aldermen of Beverly
Massachusetts Supreme Judicial Court
Decided June 24, 1941PublishedCited by 33 opinions
1Opinion of the CourtRonan, J.
The question presented by these exceptions to the order of a single justice, which dismissed a petition for certiorari brought by the petitioners to quash proceedings of the respondents purporting to take their land for the purpose of establishing a municipal airport, is whether land can be taken by eminent domain, in behalf of a city, for such purpose.
The power to appropriate private property for a public use may, subject to the limitations expressed in the Constitution, Part I, art. 10, and arts. 39, 43, 49 and 51 of the Amendments, be exercised by the Legislature itself or it may be…
2Cases cited60 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
55 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Aviation Services, Inc. v. Bd. of Adjustment of Hanover Tp.Supreme Court of New Jersey · 1956
- Del Duca v. Town Administrator of MethuenMassachusetts Supreme Judicial Court · 1975
- Benevolent & Protective Order of Elks, Lodge No. 65 v. Planning BoardMassachusetts Supreme Judicial Court · 1988
- Luke v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1958
28 more not listed; retrieve them via the Exa API.