Spare v. City of Springfield
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 30, 1911, and amended on June 14, 1916, by the owner of certain land in Springfield bordering upon the Connecticut River against the city of Springfield, to remove a cloud upon the plaintiff’s title by declaring to be void an alleged taking of the plaintiff’s land by the defendant’s board of park commissioners.
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Bill in equity, filed in the Superior Court on August 30, 1911, and amended on June 14, 1916, by the owner of certain land in Springfield bordering upon the Connecticut River against the city of Springfield, to remove a cloud upon the plaintiff’s title by declaring to be void an alleged taking of the plaintiff’s land by the defendant’s board of park commissioners. The case was referred to a master, who filed a report containing certain findings of fact, including the material fact stated in the opinion. He refused to make certain rulings of law requested by the plaintiff, for the reason that…
1Opinion of the Court
LokinGj J.
This is a bill in equity to remove a cloud on the plaintiff’s title to land in the city of Springfield. The case is here on an appeal from a decree in favor of the plaintiff. In their attempt to take the plaintiff’s land the park commissioners of the defendant city reversed the order of proceeding laid down in the statute under which they undertook to act. The statute (R. L. c. 28, § 2) provides that no land shall be taken until an appropriation has been made. The park commissioners first undertook to take the plaintiff’s land and afterward an appropriation was made by the defendant…
2Cases cited2 opinions
- Lajoie v. City of LowellMassachusetts Supreme Judicial Court · 1913
- Whitten v. City of HaverhillMassachusetts Supreme Judicial Court · 1910
3Cited by4 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Breckwood Real Estate Co. v. City of SpringfieldMassachusetts Supreme Judicial Court · 1927
- L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934
- Burwick v. Massachusetts Highway DepartmentMassachusetts Appeals Court · 2003