Burwick v. Massachusetts Highway Department

Stephen D. Burwick (Burwick) appeals from a Superior Court judgment for the Massachusetts Highway *303Department (department) and Berlin Properties Limited Partnership (Berlin), dismissing Burwick’s claim that the department illegally took an easement over his property for Berlin’s benefit.2 Concluding that the taking was invalid, we reverse.

Facts and Procedural History. The undisputed facts in the summary judgment record may be summarized as follows. This dispute originated with the development of the Solomon Pond Mall (the mall) in the towns of Berlin and Marlborough, near the intersection of…