The Essex Superior Court recently dismissed a petition of the Town of Nahant to take property interests of Northeastern University as a bad faith attempt to use power of eminent domain to thwart the proposed expansion of Northeastern University's Nahant-based marine research center. The Court found that the Town's "'dominant purpose' was to thwart Northeastern University's plans to expand its marine research center and to not preserve open space.'"
Kevin O'Flaherty, who is serving as counsel for Northeastern in this case and several related matters, is quoted in this Mass Lawyer's Weekly article on the case.
"The case 'is not the death knell for preservation of natural resources; it's the death knell for bad-faith takings, and it's the death knell for trying to abuse the power of eminent domain. That's what this case is.'"
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