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BATES SAND & GRAVEL CO., INC. v. COMMONWEALTH

8 Mass. App. Ct. 331 (1979)

393 N.E.2d 956

BATES SAND & GRAVEL CO., INC. & another vs. COMMONWEALTH.

Appeals Court of Massachusetts, Worcester.

September 7, 1979.

Attorney(s) appearing for the Case

James F. Bergin for Bates Sand & Gravel Co., Inc.

Richard T. Tucker for Hazel L. Sawyer.

Present: GRANT, PERRETTA, & KASS, JJ.

PERRETTA, J.

In 1973 Hazel L. Sawyer petitioned for an assessment of damages (G.L.c. 79, § 14) for land taken by the Commonwealth in 1971 for a flood control project. Shortly after she filed her petition Bates Sand & Gravel Co., Inc. (Bates), moved to be made a party to the proceedings on the basis that it possessed mineral rights in the land and, therefore, had a compensable interest. The Commonwealth and...

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