Appleton v. Massachusetts Parking Authority

This petition for a writ of mandamus, which attacks the validity of two orders of taking by eminent domain of portions of Boston Common for the purpose of constructing an underground garage, has been reported without decision by a justice of the Superior Court upon what is in effect a case stated. G. L. c. 231, § 111. The petitioners are fourteen residents of the Commonwealth. The respondents are Massachusetts Parking Authority-created by St. 1958, c. 606, and the city of Boston. In their answer they ask declaratory relief under G. L. c. 231 A, § 6.

On July 30, 1959, the city was the owner of…