Rodman v. Commonwealth

In 2001, the Commonwealth, through its Department of Highways, took by eminent domain nearly five acres of the plaintiffs’ 57.7 acre parcel in the town of Foxborough (town), along with an easement for drainage over an additional 1,112 square feet. As is their right pursuant to G. L. c. 79, §§ 8A and 14, after receiving a pro tanto award, the plaintiffs commenced this action seeking a greater damages award. Following trial, the jury awarded an amount less than the pro tanto award and the plaintiffs were ordered to repay the difference. Because we conclude that certain evidentiary rulings…