Legal Opinion

Devine v. Town of Nantucket

Massachusetts Supreme Judicial Court

Decided July 19, 2007PublishedCited by 11 opinions

1Opinion of the CourtMarshall, C.J.

In 1968, the town of Nantucket (town) took certain property (locus) by eminent domain for purposes related to Nantucket Memorial Airport (airport). At that time the locus was Usted as “owners unknown” on the town’s tax roUs, even though there was in fact an identifiable record owner. In 1985, an attorney acting on behalf of William J. Devine, trustee of the Loomis Realty Trust (trust), purchased the record owner’s title and subsequently conveyed it to the trust. Neither the record owner, the attorney, nor Devine had actual notice of the 1968 taking. Nor could the order of taking have been…

2Cases cited25 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  3. Walker v. City of HutchinsonSupreme Court of the United States · 1956
  4. Kendall v. SelvaggioMassachusetts Supreme Judicial Court · 1992
  5. General Electric Co. v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 1999

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3Cited by11 opinions

  1. Providence & Worcester Railroad v. Energy Facilities Siting BoardMassachusetts Supreme Judicial Court · 2009
  2. 3502 Lending, LLC v. CTC Real Estate ServiceCourt of Appeals of Arizona · 2010
  3. Lichoulas v. City of LowellMassachusetts Appeals Court · 2010
  4. Brown v. CarlsonMassachusetts Superior Court · 2009
  5. Roberts v. IslamDistrict Court, D. Massachusetts · 2015

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