Home/Massachusetts Supreme Judicial Court/Loschi v. Massachusetts Port Authority

Loschi v. Massachusetts Port Authority

234 N.E.2d 901, 354 Mass. 53, 1968 Mass. LEXIS 762
CourtMassachusetts Supreme Judicial Court
DecidedMarch 11, 1968
StatusPublished
Cited by7 cases

This text of 234 N.E.2d 901 (Loschi v. Massachusetts Port Authority) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loschi v. Massachusetts Port Authority, 234 N.E.2d 901, 354 Mass. 53, 1968 Mass. LEXIS 762 (Mass. 1968).

Opinion

J.

Owners of land in East Boston seek declaratory relief concerning the Authority’s eminent domain . takings (by order of August 8, 1963) of land near .Neptune - Road, ...East Boston, for the Logan International Airport. Their principal contention is that the Authority •has taken land-lying “westerly of the present property line .of the,,. -. .. [a]irport” in violation of St. 1963, c. 410. An 'appeal from - an interlocutory decree sustaining the Au *54 thority’s demurrer now presents only the issue whether the plaintiffs have standing to question the use of Wood Island Park (mentioned below) for airport purposes. A inaster’s report on other phases of the case was confirmed. By final decree, it was declared that the properties mentioned in the order of August 8, 1963, were validly taken, as permitted by St. 1963, c. 410, “for the purpose of protecting the aerial approaches” to Runway 15-33 “in accordance with applicable federal standards,” and “for the purpose of meeting runway clear zone requirements of the federal government.” The plaintiffs appealed.

The Authority is responsible for the “control, operation and maintenance” of the airport. St. 1956, c. 465, § 5. It may “extend . . . [and] improve . . . the projects under its control” and may acquire by purchase or by eminent domain under G. L. c. 79 “such . . . lands ... as it may deem necessary for carrying out the provisions of” the 1956 statute. See c. 465, § 3 (g) and (k). The Authority’s powers are to be construed liberally. Massachusetts Port Authy. v. Clerk of the East Boston Dist. Court, 350 Mass. 195, 202. By St. 1963, c. 410, it was provided that the Authority “shall not, except for [[A] the purpose of protecting the aerial approaches to runways in accordance with applicable federal standards, [B] meeting runway clear zone requirements of the federal government, providing for the installation of navigational and landing aids required by the federal government, or [C] meeting other air safety requirements of the federal government, acquire by the exercise of the power of eminent domain for airport purposes any land above mean high water in the East Boston district of the city of Boston [D] westerly of the present property line of the . . . [a]ir- , port . . .” (emphasis supplied). 1

The area in East Boston (near and at the airport), concerning which this controversy arises, is shown on the *56 accompanying plan. The plaintiffs owned land (marked by a bracketed [B3 at the left side of the plan) on the southwest side of Neptune Road. Neptune Road is separated from the main airport runways by World War Memorial Park, also known as Wood Island Park (marked [CQ on the plan), 2 and by an area of tidal water (marked [E] on the plan). At the right of the plan appears the northwest end (marked [A] on the plan) of present Runway 15-33. This runway now extends southeast from the point marked [A3 for a distance of 7,873 feet, to a southeasterly terminus, shown by the exhibits to be only a few hundred feet from the water’s edge of Boston harbor and from the airport boundary. The paved surface of Runway 15-33 is 150 feet wide. It is used for instrument landings of turbo-jet aircraft. 3 .

*55

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Town of Hull v. Massachusetts Port Authority
806 N.E.2d 901 (Massachusetts Supreme Judicial Court, 2004)
Airport Impact Relief, Inc. v. Massachusetts Port Authority
3 Mass. L. Rptr. 653 (Massachusetts Superior Court, 1995)
Knowles v. Codex Corp.
426 N.E.2d 734 (Massachusetts Appeals Court, 1981)
Wolfe v. Massachusetts Port Authority
319 N.E.2d 423 (Massachusetts Supreme Judicial Court, 1974)
Massachusetts Port Authority v. R. S. R. Realty Co.
265 N.E.2d 860 (Massachusetts Supreme Judicial Court, 1971)
City of Boston v. Massachusetts Port Authority
255 N.E.2d 596 (Massachusetts Supreme Judicial Court, 1970)
Mayer v. Boston Metropolitan Airport, Inc.
244 N.E.2d 568 (Massachusetts Supreme Judicial Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
234 N.E.2d 901, 354 Mass. 53, 1968 Mass. LEXIS 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loschi-v-massachusetts-port-authority-mass-1968.