City of Boston v. Massachusetts Port Authority

The city seeks (by this suit in equity reported without decision on the pleadings and agreed facts) declaratory relief concerning the Authority’s eminent domain taking of a portion (the locus) of Neptune Road, East Boston, surrounded on three sides by Authority land. See the map in Loschi v. Massachusetts Port Authy. 354 Mass. 53, cert. den. 393 U. S. 854. The taking became necessary only when it was discovered, in late 1968 or early 1969, that the city owned the fee in the locus. We hold, (1) that under principles set out in the Loschi case, 354 Mass. 53, 57-59, the Authority’s 1967…