The plaintiff, Anthony Spinelli, commenced an action in the Superior Court in Barnstable County on March 18, 1965, seeking damages from the Commonwealth for a taking of the plaintiff's property under the power of eminent domain. The case remained dormant for many years. On June 2, 1970, the case was marked "Inactive" pursuant to Rule 85 of the Superior Court (1954), and on June 3, 1971, the case was dismissed and judgment was entered. In 1973, the case was restored to the active list on the plaintiff's motion, but the judgment of dismissal was never vacated. On June 5, 1975, a judge of the Superior Court, after a hearing, granted the Commonwealth's motion to rescind the order that restored the case to the active list. The plaintiff then filed a motion for a rehearing on the motion to rescind, and a motion to vacate the *241 judgment. Both motions were denied. The plaintiff did not appeal. There was no further activity in the case until October 7, 1982, when, pursuant to an act of the Massachusetts Legislature, St. 1982, c. 251, the clerk of courts for Barnstable County restored the case to the active list. The Commonwealth moved to strike the restoration of the case on the ground that St. 1982, c. 251, violates the Massachusetts Constitution. A judge of the Superior Court granted the Commonwealth's motion, and reported the case to the Appeals Court pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974).

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