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Currier v. Malden Redevelopment Authority

Citations: 16 Mass. App. Ct. 906; 449 N.E.2d 679; 1983 Mass. App. LEXIS 1351

Court: Massachusetts Appeals Court; May 26, 1983; Massachusetts; State Appellate Court

Narrative Opinion Summary

The case concerns an appeal from a judgment related to an eminent domain proceeding involving three parcels of land. The plaintiff contested the authority's taking of the land, citing violations of federal and state law. Initially seeking to invalidate the taking, the plaintiff shifted focus to a damages claim under G. L. c. 79 after the state court ruled for the authority. The plaintiff appealed the denial of interest from the date of taking, arguing for the constitutional right to recover interest. The court upheld the trial judge's discretion to start interest from May 2, 1980, due to delays attributed to the plaintiff's litigation strategy. Additionally, the court addressed the authority's appeal for a new trial based on an alleged pretrial agreement breach, ultimately rejecting it due to lack of clear documentation. The judgment was also remanded for correction of a clerical error, reducing the awarded amount from $128,000 to $85,000. Both parties were instructed to bear their own appeal costs. The court's decisions were grounded in exercising discretion and ensuring just terms in relief from final judgments.

Legal Issues Addressed

Amendment of Pleadings under G. L. c. 79

Application: The court allowed the plaintiff to amend their complaint to seek damages under G. L. c. 79, despite opposition, due to the judge's discretion.

Reasoning: The judge allowed the amended complaint but conditioned the interest on any award to not be calculated from the original complaint’s date.

Correction of Judgment Entries

Application: The court remanded the case to correct an error in the judgment's docket entries from $128,000 to $85,000.

Reasoning: The case is remanded for corrected judgment reflecting the $85,000 amount, with interest from May 2, 1980, and costs.

Discretionary Orders and Abuse of Discretion

Application: The court reviewed claims of abuse of discretion regarding certain discretionary orders and found that reasonable discretion was not exceeded.

Reasoning: The appeals included claims of abuse of discretion regarding certain discretionary orders, but the court found that reasonable discretion was not exceeded.

Eminent Domain and Interest Calculation

Application: The court evaluated the proper calculation of interest following an eminent domain taking, upholding the trial judge's decision to start interest from May 2, 1980, due to delays caused by the plaintiff.

Reasoning: The judge appropriately conditioned the plaintiff's relief on a reasonable reduction of interest.

Pretrial Agreement Breach and New Trial

Application: The court rejected the authority's request for a new trial based on an alleged breach of a pretrial agreement, finding no clear documentation of such an agreement.

Reasoning: The trial judge's refusal to grant a new trial was deemed a proper exercise of discretion, as any pretrial agreement was not clearly documented.

Relief from Final Judgment

Application: The court affirmed the judge's authority to relieve a party from a final judgment under just terms, conditioning relief on reasonable interest reduction.

Reasoning: The court has the authority to relieve a party from a final judgment under just terms.