Legal Opinion
Donovan v. TOWN OF EDGARTOWN, MASS.
District Court, D. Massachusetts
Decided July 25, 2008No. Civil Action 07-10019-RGSPublishedCited by 1 opinion
1Opinion of the Court
DEFENDANT’S MOTION FOR TRIAL IN DUKES COUNTY
STEARNS, District Judge.
This is a diversity action arising from the defendant Town of Edgartown’s taking of 2.18 acres of residentially-zoned land by eminent domain pursuant to Mass. Gen. Laws eh. 79, § 1 et seq. Plaintiff Paul Donovan is seeking an assessment of damages. Relying on Fed.R.Civ.P. 71.1(k), and Mass. Gen. Laws ch. 79, §§ 14 and 22, the Town moves for a trial in Dukes County before a jury comprised exclusively of Dukes County residents. Donovan opposes the motion, arguing that it “is a clear attempt ... to subvert the purposes of…
2Cases cited5 opinions
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
- Paige v. SinclairMassachusetts Supreme Judicial Court · 1921
- City of Arlington, Tex. v. Golddust Twins Realty Corp.Court of Appeals for the Fifth Circuit · 1994
- Markelson v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1981
- Connell v. Algonquin Gas Transmission Co.District Court, D. Rhode Island · 1959
3Cited by1 opinion
- Donovan v. TOWN OF EDGARTOWN, MASS.District Court, D. Massachusetts · 2008