Town of Burlington v. Town of Bedford

At issue is whether the loss of a “reasonably probable” future access to a public way is compensable under G. L. c. 79, § 12 (1992 ed.). The plaintiff, the town of Burlington, appeals from a judgment dismissing counts II through V of Burlington’s complaint, and entry of a summary judgment in favor of the defendant, the town of Bedford, 2 on count I. Burlington filed a complaint in the Superior Court after Bedford took, by eminent domain, land adjacent to property owned by Burlington (Burlington par-eel). Burlington’s complaint alleged that Bedford’s taking deprived it of all potential access…