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METROPOLITAN DISTRICT COMMISSION v. CODEX CORP.

395 Mass. 522 (1985)

480 N.E.2d 1013

METROPOLITAN DISTRICT COMMISSION vs. CODEX CORPORATION.

Supreme Judicial Court of Massachusetts, Suffolk.

July 29, 1985.

Attorney(s) appearing for the Case

Samuel Hoar (Bradford S. Gentry with him) for the defendant.

Lee L. Bishop, Assistant Attorney General (Janet G. McCabe, Assistant Attorney General, with him) for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

WILKINS, J.

At the heart of this case is the question whether the defendant Codex Corporation (Codex) may construct a fence of a particular kind, with associated landscaping, on its property in Canton, known as the Prowse Farm, without violating any restriction set forth in an order of taking by the Metropolitan District Commission (MDC).1 On June 7, 1984, the MDC adopted two orders of taking...

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