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CODEX CORP. v. METROPOLITAN DISTRICT COMMISSION

392 Mass. 245 (1984)

467 N.E.2d 66

CODEX CORPORATION & another vs. METROPOLITAN DISTRICT COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

June 19, 1984.

Attorney(s) appearing for the Case

Stephen M. Leonard, Assistant Attorney General, for the defendant.

Samuel Hoar & Joseph H. Malloy (Rowena H. Conkling with them) for the plaintiffs.

S. Stephen Rosenfeld & Patricia A. Boies, for the Governor, amicus curiae, submitted a brief.

R. Lisle Baker & Gregor I. McGregor, for The Friends of the Blue Hills & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

On May 22, 1984, this court issued the following order: "This is an appeal by the Metropolitan District Commission from a decision of the Superior Court ordering the entry of summary judgment for the plaintiffs and further ordering that `the MDC shall not proceed with any eminent domain taking of land in Canton owned by Codex Corporation or impose any conservation or preservation restriction on such land unless...

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