Harte v. Town of Dartmouth

In 1992-1994 the town of Dartmouth widened Faunce Comer Road, a north-south road that intersects with Interstate Route 195. None of the property of the plaintiff Harte, who does business as Harte Toyota, was taken for the project. He seeks damages, however, under G. L. c. 79, § 12, based on a claim of substantial diminution in the accessibility of his auto dealership to potential customers. The judge allowed the town’s motion for summary judgment, and the case is here on Harte’s appeal from the resulting dismissal.

The facts that are material to the judge’s decision and ours are not in…