Among those is § 26Y which provides in part that "[t]he mayor of the city, with the approval of the city council, ... [is] hereby designated as the governing body of the city ... for such approval of a project as may be required by federal legislation." The jury returned a verdict for the petitioner in the amount of $47,500. On cross-examination, the court excluded the petitioner's question: "[W]hat effect do you think that [apparently, Bartram's questioning of the petitioner's tenants in January of 1963] has on the rental value of the property as of the time of the taking?" It is not common sense in the light of the quoted language to endeavor to apply G.L.c. "Depreciated reproduction cost, at best, though admissible in the judge's discretion (The petitioner argues that since the witness testified on direct examination to the fair market value of the property there was no attempt, unlike the situation in 2. We agree with the holding in We move to a consideration of G.L.c. The 3. As has been contended by the authority, G.L.c. The Bristol Redevelopment and Housing Authority welcomes your comments and questions. Urban Redevelopment Authority of Singapore (URA) University of Technology, Sydney. Between 1960 and the time of the taking the third floor had been rented no more than three times. On cross-examination the petitioner apparently was attempting to discover whether the figures suggested by Bartram and Conway were based on rental values which had already been affected by the prospective public taking. You can contact us by phone, email or by visiting our main office.
Click on the case name to see the full text of the citing case. The judge thereupon ordered the witness's testimony on valuation struck, subject to the petitioner's exception. 231, § 59, as amended through St. 1965, c. 491, § 1, should be allowed.
This case has been cited by these opinions: The plaintiff has substantially performed its obligations under the contract and is in no sense in default. Citations are also linked in the body of the Featured Case. Listed below are those cases in which this Featured Case is cited. (none) 79 for the assessment of damages incident to a taking by the Lynn Redevelopment Authority (Authority). Thereafter a new dance floor was installed and that portion of the building was available for rental by the day or evening for social occasions. On cross-examination, the following question was excluded: "Now, Mr. Conway, as a real estate man, broker, would you say that the eminent domain taking authority appraiser coming to a property about a year before the taking would have any effect at all upon the rental value of the subject property?" The site begins at the General Edwards Bridge and extends north to the intersection of the Lynnway and Market Street, and east along the inner harbor shoreline to the Nahant rotary. In response to questions by the court, the witness testified that in making his appraisal he "used one approach," namely, the reproduction cost of the building, less depreciation and obsolescence. Other questions argued by the petitioner need not be discussed, for they probably will not arise on a retrial of the case. 809 edmond street View Lynn Chua’s profile on LinkedIn, the world's largest professional community. Lynn's Waterfront Plan is focused on a 305-acre development site located in Lynn, Massachusetts. The defendant answered by way of general denial and that the contract was in violation of G.L.c. The city has failed to make any payment although demand for the same was made upon the city on June 22, 1970. CourtListener is a project of Please support our work with a donation.Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.This is a petition under G.L.c. The third floor and the mezzanine had, until 1959, been used as a meeting place by a fraternal organization. 550 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. LYNN REDEVELOPMENT AUTHORITY The petitioner testified that the fair market value of the property was $93,500, and that "there were no properties similar to his own in Lynn."1. 550.
Find contact's direct phone number, email address, work history, and more. There were two retail stores and a hallway on the first floor; a stairway led to the second and third floors and the mezzanine. 4. 44, § 31, on its face is concerned with departmental appropriations. It follows that summary judgment Listed below are the cases that are cited in this Featured Case. The questions raised by the action are (1) whether the interveners have standing, (2) whether G.L.c. [1] After this ruling the witness was examined further in the absence of the jury, and he testified that there was insufficient data to enable him to use either the comparative sale or the capitalization of income approach. See relative to similar problems The entire record presents no issues other than those resolved in this opinion. Opinion for Lipinski v. Lynn Redevelopment Authority, 246 N.E.2d 429, 355 Mass.
Both parties waived trial by jury and the case comes to us on report by a Superior Court judge. The initial language of the section is, "No department financed by municipal revenue ... of any city ... shall incur a liability in excess of the appropriation made for the use of such department, each item recommended by the mayor and voted by the council ... being considered as a separate appropriation...." We think that the term "department" as used in § 31 does not include within its scope a city "council."
The statutes are clearly designed to allow elbow room to the authority and the city to plan long-range developments so that a long-range payout by the city of its financial obligation will cause a minimum of strain.
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