Rodman, et al. v. Commonwealth (Lawyers Weekly No. 11-132-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12-P-223 Appeals Court DONALD E. RODMAN & others[1] vs. COMMONWEALTH. No. 12-P-223. Norfolk. April 9, 2014. – October 7, 2014. Present: Vuono, Meade, & Carhart, JJ. Eminent Domain, Damages, Expert testimony. Damages, Eminent domain. Evidence, Expert opinion, Value. Value. Practice, Civil, Eminent domain proceeding. Civil action commenced in the Superior Court Department on March 4, 2002. The case was tried before R. Malcolm Graham, J., and a motion for a new trial was considered by him. Thomas J. Carey, Jr. (Bradley C. Pinta with him) for the plaintiffs. John D. Hampton, Assistant Attorney General, for the Commonwealth. CARHART, J. In 2001, the Commonwealth, through its Department of Highways, took by eminent domain nearly five acres of the plaintiffs’ 57.7 acre parcel in the town of Foxboro (town), along with an easement for drainage over an additional 1,112 square feet. As is their right pursuant to G. L. c. 79, §§ 8A and 14, after receiving a pro tanto award, the plaintiffs commenced this action seeking a greater damages award. Following trial, the jury awarded an amount less than the pro tanto award and the plaintiffs were ordered to repay the difference. Because we conclude that certain evidentiary rulings prevented the plaintiffs from offering relevant evidence of value, we vacate the judgment and reverse the order denying the motion for new trial. Background. The plaintiffs’ property is located on Route 1 south, across from Gillette Stadium, home of the New England Patriots football team. Approximately fourteen acres on the northern portion of the property has been used for many years as a “temporary” parking lot. The remaining acres were undeveloped at the time of the taking. Prior to the taking, the plaintiffs’ property contained 1,800 feet of frontage on Route 1 south, a State road. The portion of the property taken included some 1,620 feet of the Route 1 frontage. Only 170 feet of original frontage on the northern portion of the property and nine feet of original frontage on the southern portion of the property remain. The zoning district in which the property is located requires an area of 80,000 square feet and 300 feet of frontage for buildable lots. The property taken was used to complete an elevated ramp extending from the Gillette Stadium property, crossing […]