Legal Opinion

Paul's Lobster, Inc. v. Commonwealth

Massachusetts Appeals Court

Decided November 16, 2001No. 98-P-1092PublishedCited by 3 opinions

1Opinion of the CourtBeck, J.

In this appeal, we consider the plaintiff’s claims that government action caused damage to its real property for which it is entitled to be compensated. The plaintiff, Paul’s Lobster, *228Inc., asserts that the reconfiguration of Northern Avenue in Boston prevented large trucks from approaching its loading docks and therefore constituted a constructive taking of its property. The defendants are the Commonwealth of Massachusetts and the city of Boston. On cross motions for summary judgment, a Superior Court judge ruled that the plaintiff was not entitled to relief because the government action at…

2Cases cited25 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. United States v. General Motors Corp.Supreme Court of the United States · 1945
  3. Turnpike Realty Co. v. Town of DedhamMassachusetts Supreme Judicial Court · 1972
  4. John Donnelly & Sons, Inc. v. Outdoor Advertising BoardMassachusetts Supreme Judicial Court · 1975
  5. Flynn v. City of CambridgeMassachusetts Supreme Judicial Court · 1981

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3Cited by3 opinions

  1. Kiernan v. City of SalemMassachusetts Appeals Court · 2003
  2. Soeder v. County CommissionersMassachusetts Appeals Court · 2004
  3. Morrissey v. New England Deaconess Ass'n-Abundant Life Communities, Inc.Massachusetts Superior Court · 2009

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