Devine v. Town of Nantucket

Neel, Stephen E., J.

Plaintiff William J. Devine (Devine), trustee of the Loomis Realty Trust (trust), filed this action to recover damages allegedly caused by a taking of real property by the Town of Nantucket (town). Before the Court are the parties’ cross motions for summary judgment. For the following reasons, the plaintiff s motion will be allowed in part and denied in part, and the defendant’s motion will be allowed in part and denied in part.

BACKGROUND

The Court need not recite the complete factual and procedural background, which is set forth in Devine v. Town of Nantucket, 449 Mass.…