RICHARD E. SWAN, SHARON D. SWAN, RUTH D. TURSKI, and PATRICIA CAHILL v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

This action commenced in this court September 19, 2005. At issue is the validity and effect (as to land in Bridgewater, Plymouth County, now or formerly owned by the plaintiffs Richard E. Swan, Sharon D. Swan, Ruth D. Turski and Patricia Cahill) of an order of taking (“Order of Taking”), number 482, voted by the defendant Massachusetts Bay Transportation Authority on June 27, 1996.

This case came on to be heard on cross motions of the parties for summary judgment. In a decision of even date, the court (Piper, J.) has granted the defendant’s motion for summary judgment, and denied the plaintiffs’.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED that the plaintiffs lack standing to assert the invalidity or ineffectiveness, as to them and their land, of the Order of Taking; consequently, the defendant Massachusetts Bay Transportation Authority holds its rights by and under the Order of Taking in and to the land described therein free of any right or claim of or by the plaintiffs to the effect that the Order of Taking is invalid or ineffective as to the plaintiffs and their land.

By the Court. (Piper, J).