Case #1

PCK Limited Partnership v. Massachusetts Department of Transportation

PCK Limited Partnership commenced an action in Worcester Superior Court contesting the value of a drainage easement acquired by the Massachusetts Department of Transportation. Attorney Maciolek retained the services of expert wetland scientists, engineers and a real estate appraiser, and demonstrated that the damages were $895,000. The Commonwealth had previously paid $45,000 and the matter was resolved without a trial. The matter was resolved in July 2016 with the Commonwealth agreeing to pay an additional payment of $745,000.

Settlement reached: July 2016

Case #2

Carter v. The Massachusetts Department of Transportation 

Attached is a slideshow with the details of this case that was presented by the Massachusetts Department of Transportation in an Eminent Domain session. 

Attorney Maciolek represented the Carters in Lawrence Superior Court. The jury returned a verdict  in favor of the Carters in November of 2017. 

 

Case #3

Lemanski v. The Massachusetts Department of Transportation

The case concerned the widening of South Bridge street in Auburn. It affected a popular restaurant in the area. The plaintiff presented evidence that the restaurant would need to be remodeled. The defendant presented evidence that the property was not damaged at all. 

 

The jury returned a verdict of $180,000 in favor of the landowner in August 2018 

Case #4

McDowel v. The Massachusetts Department of Transportation

This case arose from a property taking in Dennisport, Massachusetts to widen Route 28 and raise the level of the bridge over the Swan Pond River. The taking took up the property owner's entire parking lot and forced the property owner to lose tenants at the location. Attorney Maciolek successfully negotiated a settlement that compensated the property owner for his losses. 

Case #5

Marr Oil Heat Company Inc. v. Worcester Redevelopment Authority

The Worcester Redevelopment Authority acquired property by eminent domain from Marr Oil. The property had been used for the distribution of home heating oil.

The Redevelopment Authority claimed that the oil tanks on the property were part of the real estate and that the real estate had no value because of the oil contamination.

The property owner claimed that the oil tanks were personal property and entitled to relocation benefits and that the overall property had a value in excess of $500,000.00. The issue of the oil tanks was adjudicated at a hearing with the Commonwealths Department of Housing and Community Development office.

The Court ultimately determined that the oil tanks were personal property and the Redevelopment Authority eventually made a payment of over $1,000,000.00 for the relocation of the oil tanks. The fair value of the real property was resolved for a payment of $300,000.00.

Verdict returned: August 1994

Case #6

Robax Corporation v. Massachusetts Department of Transportation

This lawsuit was commenced in Middlesex Superior Court contesting the amount of damages paid to an owner of property in Westford, Massachusetts. The property owner claimed that his commercial property sustained damages as a result of the loss of parking. Attorney Maciolek proceeded with a trial in Middlesex Superior Court in June 2016 and a jury returned a verdict of $299,000. The Commonwealth had previously paid $80,000, resulting in a judgment against the Commonwealth in the amount of $220,000.

Verdict returned: June 2016

Case #7

Bolduc et al v. Massachusetts Department of Transportation

This case involved land acquired for the relocation of Route 79 in Lakeville, Massachusetts. The Department of Transportation took land and argued to the jury that the landowner benefitted by the project.

Attorney Maciolek argued for the Plaintiff that the land that was taken was the most important section of the landowner's property and that the commercial use of the property after the taking was restricted.

The jury returned a verdict in favor of the landowner for the sum of $350,000.

Verdict returned: January 22, 2013

case #8

Shapiro v. The City of Worcester 

Click here to see the details of the case. 

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