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NORTH ADAMS APARTMENTS LIMITED PARTNERSHIP v. CITY OF NORTH ADAMS

No. 09-P-1677.

78 Mass. App. Ct. 602 (2011)

NORTH ADAMS APARTMENTS LIMITED PARTNERSHIP v. CITY OF NORTH ADAMS.

Appeals Court of Massachusetts, Berkshire.

January 18, 2011.

Attorney(s) appearing for the Case

Wendy H. Sibbison (Richard J. O'Brien with her) for the plaintiff.

Richard M. Dohoney for the defendant.

Present: McHUGH, SMITH, & SIKORA, JJ.

SMITH, J.

The plaintiff, North Adams Apartments Limited Partnership, brought an action in the Superior Court against the city of North Adams (city), claiming fair compensation for the city's taking by eminent domain of the plaintiff's private sewer system. After a jury-waived trial, a judge entered a verdict in favor of the city, concluding that the plaintiff was not owed any damages for the taking of its private...

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