Significant Eminent Domain Cases:
JUST IN --- HIGHEST EMINENT DOMAIN VERDICT IN MASSACHUSETTS IN 2009 ..... HIGHEST EVER IN BRISTOL COUNTY! CITY OF TAUNTON TO PAY LANDOWNER $5,260,000.00 AFTER JURY VERDICT ENTERED ON NOV. 17, 2009.
Attorney Peter E. Flynn obtained the largest eminent domain verdict in the history of Bristol County. $5,260,000.00 was awarded by a Fall River jury to the plaintiff landowner, whose property was taken by the City of Taunton in 2002. The jury heard evidence for 10 days and deliberated for more than 9 hours before rendering a verdict of $5,260,000.00 in a matter in which the landowner was originally paid only $850,000.00 by the City of Taunton when the City took the property. The verdict is also the largest reported jury verdict in an eminent domain case in Massachusetts since 2007.
Attorney Flynn also obtained the highest eminent domain verdict in 2008, which is also detailed below...
DAVENPORT v. MBTA - Attys Peter E. Flynn and Jason R. Scopa for plaintiff - $1,875,000 settlement August 2009
MBTA took 7.11 acres of client's land near Route 3A in Cohasset for commuter rail line. Original payment to client was $875,000. In wake of recent verdict to neighbor - also obtained by Attorneys Flynn and Scopa - MBTA agrees to pay another $1,000,000.00 to settle.
SALVAGGI v. MBTA - Attys Peter E. Flynn and Jason R. Scopa for plaintiff - Jury verdict for plaintiff - May 13, 2008 - $1,950,000
MBTA took 8.9 acres of clients' land near Route 3A in Cohasset as part of reactivation of Greenbush commuter rail line. Original payment to clients was $620,000. Jury follows Flynn's lead and orders MBTA to pay more than 3 times the original payment. Jury verdict for landowners: $1,950,000.00 !!!
HERSEY v. TOWN OF HINGHAM - JULY 2, 2008 settlement - $1,825,000
Hersey family obtains $1,825,000 from Town in settlement that avoids liitgation in major environmental / eminent domain dispute.
MORE:
TOWN OF NORTH READING TAKES 33 ACRES OF WOODED LAND - Majority of Landowners retain Attys Peter E. Flynn and Jason R. Scopa and obtain unprecedented results in 2007 and 2008.....
J. Flynn receives $970,000.00. Town took 6 acres of client's vacant, wooded land. Client claimed property could have been used for residential subdivision if not taken eventhough subdivision plans never formally submitted to Town. By settlement weeks before trial, Judgment entered for plaintiff - $970,000.00.
L. Woods receives $259,400.00. Town took client's wooded, half acre lot, appraised at $9,500. Peter Flynn and Jason Scopa file suit for landowner, and town increases payment 27 times over. Additional quarter of a million dollars obtained for client.
E. Nitczshe receives $201,000.00. Town took client's wooded lot, appraised at $15,000; then increases payment to over $200,000.00 to avoid trial.
D. Surrete and N. Fransen receive $363,650.00. Abutting landowners claim that they could have assembled their wooded parcels to create developable lots if not taken. Town more than doubles original payment.
E. Nylin receives $113,000.00. Town took client's wooded, half acre lot on unconstructed paper street, appraised at $8,000 and said it couldn't be built upon. Peter Flynn and Jason Scopa file suit for landowner and town increases payment 15 times over.
R. Barclay receives $113,000.00. Client's wooded lot on unconstructed road appraised at $10,500 but town increases payment by more than another $100,000.
Quinlan and Malesky receive $81,250.00. Town declares brothers' land unbuilable due to access problems and wetlands and appraises property at $7,500. Town pays additional $73,750 to avoid trial.
Palermo receives $150,000.00. Town appraises wooded lot on undeveloped road at $53,000 and nearly triples payment to avoid trial.
SOME OTHER RECENT CASES:
BURWICK v. TOWN OF SCITUATE
Attys Peter E. Flynn and Jason R. Scopa for plaintiff
Jury verdict for plaintiff - October 18, 2007 - $265,000
City took 1,000 square feet of land and several permanent and temporary easments on client's commercial land. City paid $17,350 and claimed that zoning issues and environmental regulations prevented further development of the property anyway. Appraiser and engineer retained by law office for landowner testified that further development could have been achieved, that is, until the taking. Jury verdict: $265,000.00.
LARSON v. CITY OF QUINCY
Attys Peter E. Flynn and Jason R. Scopa for plaintiff
Jury verdict for plaintiff - August 14, 2006 - $350,000
City took 7,584 square feet of client's land and a damaged one-story building located on the lot to built a municipal parking lot. City claimed that zoning issues and the fire damage to the building minimized value. The plaintiff testified that it was her intent to rehabilitate the building but did not do so due to the impending taking as well as the City’s purposeful lack of cooperation in the permitting process. Client's appraiser testified that she should have been paid $325,000 for the taken lot and additional money for diminished value to another lot she owned next door. Jury verdict: $350,000.00 - nearly triple the City's initial payment / offer.
LOTITO v. CITY OF BEVERLY
Attys Peter E. Flynn and Jason R. Scopa for plaintiff
Jury verdict for plaintiff - September 13, 2005 - - - - $115,000..... only 1,056 s.f. land taken.
City took 1,056 square feet of vacant land in the rear portion of the lot on which the plaintiff ran a retail bait store. City's appraiser said total damage was $30,000 and that the taking did not reduce the value of the plaintiff's remaining land. City also claimed that the plaintiff should not be compensated for losing the rear portion of the lot since it could only be accessed through an abutter's land. Attorneys Flynn and Scopa convinced the Court and the Jury that the plaintiffs had historicllay accessed and used that section of the property and should be compensated for its loss. Jury verdict: $115,000.00 - nearly 4 times the City's offer.
ULANOWSKI v. M.B.T.A.
