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POREMBA v. SPRINGFIELD

354 Mass. 432 (1968)

238 N.E.2d 43

EDWARD J. POREMBA, SR., & others vs. CITY OF SPRINGFIELD & others.

Supreme Judicial Court of Massachusetts, Hampden.

June 5, 1968.

Attorney(s) appearing for the Case

S. Thomas Martinelli (Kent B. Smith with him) for the plaintiffs.

Troy T. Murray, Associate City Solicitor, for the City of Springfield & others.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.

CUTTER, J.

The plaintiffs seek declaratory relief concerning a taking of land pursuant to a recorded order of the Springfield city council, approved by the mayor. The taking was for a proposed "outer belt highway." It is alleged that the Porembas' parcel (no. 13) "is totally unnecessary for and extraneous to the construction of" the highway; that parcel no. 12, belonging to Helen C. Riley, and parcel no. 10, belonging to Marjorie Dunning, a plaintiff, are both unnecessary...

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