Griefen v. Treasurer & Receiver General

In September, 1979, the plaintiffs recovered a land damage judgment for $255,000, based on a settlement, against the Commonwealth, but the judgment was not paid within the time fixed by G. L. c. 79, § 36A, because the taking agency had exhausted its appropriation. Efforts to obtain an appropriation seemed unavailing, and, on September 8,1980, the plaintiffs recovered a judgment in the nature of mandamus ordering the State treasurer to pay the land damage judgment, with interest from the date thereof, despite the lack of an appropriation. The Commonwealth appealed from the mandamus judgment,…