The Case: Mabel E. Smith and Ralph A. Smith v. Massachusetts Bay Transportation Authority
The Court: Plymouth County Superior Court
The Original Pro Tanto Payment: $450,000
The Judgment: $1,650,000
In order to build a parking lot for the Old Colony Commuter Line, the MBTA took the Smiths’ salvage yard but only paid them $450,000, claiming that the property had contamination issues.
The Smiths engaged The McLaughlin Brothers, who along with their hazardous waste and valuation experts, determined not only that there was no contamination but that the highest and best use of the property was to develop it as a retail location. Judgment entered in favor of the Smiths for $1,200,000.