Legal Opinion

Davidson v. Commonwealth

Massachusetts Appeals Court

Decided October 31, 1979PublishedCited by 28 opinions

1Opinion of the CourtRose, J.

The plaintiff 1 brought an action in the Superior Court seeking damages for an alleged taking of its property by the Commonwealth. The judge allowed the defendant’s motion to dismiss the action (Mass.R.Civ.P. 12[b][6], 365 Mass. 755 [1974]), 2 and the plaintiff appealed. We affirm.

The relevant undisputed facts, taken from the complaint, exhibits appended thereto, and affidavits submitted by the parties in connection with the defendant’s motion to dismiss, are as follows. On September 14,1976, the Commissioner of Public Health (Commissioner) informed the Governor by letter that Woodland…

2Cases cited18 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  4. Mugler v. KansasSupreme Court of the United States · 1887
  5. United States v. CausbySupreme Court of the United States · 1946

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3Cited by28 opinions

  1. S. Kemble Fischer Realty Trust v. Board of AppealsMassachusetts Appeals Court · 1980
  2. Cherella v. Phoenix Technologies Ltd.Massachusetts Appeals Court · 1992
  3. Hamilton v. Conservation Commission of OrleansMassachusetts Appeals Court · 1981
  4. American Grain Products Processing Institute v. Department of Public HealthMassachusetts Supreme Judicial Court · 1984
  5. Nassr v. COMMONWEALTH NASSRMassachusetts Supreme Judicial Court · 1985

23 more not listed; retrieve them via the Exa API.

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