Tate v. City of Malden

The defendants appeal from a final decree adjudging to be null and void the taking by eminent domain by the city of Malden of five parcels of land on Middlesex Street, owned by the plaintiffs at the time of the taking, for the purpose of constructing a public parking place.

The decree was erroneous. We hold, contrary to the ruling of the judge in the Superior Court, that the special statute under which the city acted (St. 1954, c. 600) did authorize the taking of the plaintiffs’ land, even though it was at the time being used for public parking.

The statute provides in part, “For the purpose of…