Roman Catholic Bishop of Springfield v. Commonwealth

This is a petition for assessment of damages under the eminent domain statutes. See G. L. c. 79, § 14. By an order dated December 29, 1965, the Commonwealth laid out Interstate Route 291, a limited access highway, in the city of Springfield. The highway passed near and parallel to the Notre Dame High School, which is a private educational institution operated by the petitioner (a corporation sole) on his own land. No land belonging to the petitioner was taken in connection with the original laying out of Route 291. After the highway was constructed, a drainage problem developed on the…