Interstate Northborough Partnership v. State

We deny the State’s motion for rehearing. We withdraw our opinion dated May 10, 2001, and substitute the following in its place.

This condemnation case presents two issues: (1) whether damages resulting from a commercial property’s increased proximity to a roadway, with attendant loss of curb appeal, green space, and “buffer” zone, are special rather than community damages, and (2) whether evidence about unsafe access to the remainder property and the cost to cure is admissible to show special compensable damages. We conclude that, under the facts in this case, damages due to increased…