Raimondo v. Town of Burlingon

We are asked to determine whether a landowner can maintain a suit challenging the validity of a taking of her property and at the same time file a petition for the assessment of damages under G. L. c. 79, § 14. A judge of the Superior Court ruled that she could not. We hold that she can, and reverse the Superior Court’s decrees.

The plaintiff filed a bill in equity on June 4,1971, seeking a declaration that a purported taking of her property on April 29,1971, by the defendant town was void because the premises taken were not identified with sufficient accuracy to apprise her of the nature and…