Old South Ass'n v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed on September 6, 1907, under St. 1902, c. 534, § 8, for the assessment of damages sustained by the taking of land lying north of the Old South Meeting House in Boston for the purpose of making an entrance to and an exit from the Washington Street tunnel.
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Petition, filed on September 6, 1907, under St. 1902, c. 534, § 8, for the assessment of damages sustained by the taking of land lying north of the Old South Meeting House in Boston for the purpose of making an entrance to and an exit from the Washington Street tunnel. Material portions of the petitioner’s charter, St.' 1877, c. 222, are as follows: . “An Act to incorporate the Old South Association in Boston, and to provide for the preservation of the Old South MeetingHouse. “Be it enacted, etc., as follows: “Section 1. The governor of the Commonwealth, the mayor of the city of Boston, the…
1Opinion of the CourtRugg, C. J.
The petitioner was organized under St. 1877, c. 222, “for the purpose of acquiring and holding the Old South Meeting-House in Boston and the land under and adjacent to the same upon the corner of Milk Street and Washington Street in said city, for public, historical, memorial, educational, charitable and religious uses and none other.” Before 1877 the Old South Meeting House had been given up as a place of worship by the religious society which had occupied it since its erection in 1729. Pursuant to the power conferred by this statute the petitioner acquired title to the real estate thus…
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