From Casetext: Smarter Legal Research

Paradysz v. Commonwealth

Supreme Judicial Court of Massachusetts
Dec 2, 1964
202 N.E.2d 795 (Mass. 1964)

Opinion

December 2, 1964.

Frank E. Freedman, Assistant Attorney General, for the Commonwealth.

Emerson S. Searle ( John E. Flanagan with him) for the petitioners.


Exceptions overruled. The Commonwealth argues only that there was abuse of discretion amounting to error of law in the admission in evidence of the sale price of five tracts of land as comparable to the land taken (the locus) from the petitioners on May 2, 1958. All of the lands sold, like the locus, were open lands and had a frontage on Route 9 near the Amherst-Hadley line. The locus was farm land. The sales were of: (A) undeveloped land opposite the locus, April 7, 1956. (B) farm land, three quarters of a mile from the locus, March 3, 1959. (C) undeveloped land, adjoining the locus, May 2, 1960. (D) undeveloped land, next to A, May 27, 1963. (E) farm land, 700 feet from the locus, June 1, 1963. The elements of proximity or remoteness of the time of the sales, of the location of the sites, and other factors indicating similarity or difference, varying in each instance in relation to the locus, present questions of admissibility which were not beyond the range of judicial discretion. Johnson v. Lowell, 240 Mass. 546, 549. Lembor v. Framingham, 330 Mass. 461, 463. See Amory v. Commonwealth, 321 Mass. 240, 255-256; Brush Hill Dev. Inc. v. Commonwealth, 338 Mass. 359, 366-368; Leen v. Assessors of Boston, 345 Mass. 494, 505-507. No error of law has been shown.


Summaries of

Paradysz v. Commonwealth

Supreme Judicial Court of Massachusetts
Dec 2, 1964
202 N.E.2d 795 (Mass. 1964)
Case details for

Paradysz v. Commonwealth

Case Details

Full title:LOUIS F. PARADYSZ others vs. COMMONWEALTH

Court:Supreme Judicial Court of Massachusetts

Date published: Dec 2, 1964

Citations

202 N.E.2d 795 (Mass. 1964)
202 N.E.2d 795

Citing Cases

Monti v. Town of Northfield

The variables of proximity or remoteness of time or location of other sales, and factors generally considered…