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SMILEY FIRST, LLC v. DEPARTMENT OF TRANSPORTATION

SJC-13300.

492 Mass. 103 (2023)

SMILEY FIRST, LLC v. DEPARTMENT OF TRANSPORTATION.

Supreme Judicial Court of Massachusetts, Suffolk.

May 23, 2023.

Attorney(s) appearing for the Case

Paul L. Feldman (Shawn M. McCormack also present) for the plaintiff.

Kendra Kinscherf, Assistant Attorney General, for the defendant.

Ben Robbins & Daniel B. Winslow, for New England Legal Foundation, amicus curiae, submitted a brief.

Deborah J. La Fetra, of California, Sam Spiegelman, of Washington, & Jonathan M. Houghton, for Pacific Legal Foundation, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

In this case, we consider whether an easement taken by eminent domain in 2018 (2018 easement) by the defendant, the Department of Transportation (MassDOT), exceeded the scope of an easement taken in 1991 (1991 easement) by MassDOT's predecessor in interest, the Department of Public Works (DPW), with respect to certain land in the South...

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