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The New Millennium
The Highest in Plymouth County History in Eminent Domain case.
Read the articles below to see how Peter E. Flynn was awarded the fifth largest jury verdict in 2000.
Click on bold underlined titles down below to read articles.
Week of Monday, August 28, 2000
Banker & Tradesman
The Real Estate, Banking And Commercial Weekly For Massachusetts
Banker & Tradesman Special Report in Commercial Real Estate
Jury's Eminent Domain Verdict
Forces MBTA to Pay $5.1 Million
Lawyers and appraisers tackling the problem of standard of Highest and Best Use in an Eminent Domain jury trial should consider the following Kingston case - Mary O'Donnell vs. MBTA. Dragging multimillion dollar verdicts out of Plymouth County at Brockton doesn't occur very often, and it had never occurred in an Eminent Domain case in Plymouth Superior Court ..... Until this one.
Week of January 8, 2001
Massachusetts Lawyers Weekly
Annual
The Largest Jury Verdicts Of 2000
Landowner Compensated For
Taking By MBTA
Ultimately, Flynn hired Allan Foster as his valuation expert. Foster turned out to be the most important witness he would call at trial. Malls and big retail centers like Home Depot and Wal-Mart "have a tendency to cluster." Flynn explains. "The theory goes, if you go to a shopping mall, you'll go within a mile to Home Depot to buy a different type of product."
Flynn believed that, with 116 retail outlet stores just one mile away at the Independence Mall, the land was worth more than what the MBTA had offered to pay his client.
Week of Thursday, August 24, 2000
Daily Evening Item
Brockton woman receives
$5.17M in Eminent Domain case
Week of Thursday, January 11, 2001
Kingston Reporter
Fifth-largest jury verdict in 2000
|
Kingston - A $5.175 million award granted last winter to a Kingston business woman who sued the MBTA made the state's list of the 10 largest jury verdicts in 2000. The defense in this case had nearly unlimited resources and countless expert witnesses. Flynn hired real estate analyst Allan Foster has his valuation expert, which proved to be a good move. The 12 member jury returned its verdict on Valentine's Day, Feb. 14, following a six-day trial. The award - an extra $2.225 ( $3.017 million with interest)million compensation for the land taking was made to the plaintiff. "The whole case revolved around a dispute about the highest and best use of the property." Flynn said. |
Week of Tuesday, February 15, 2000
The Enterprise
Eminent Domain payment doubled
| A jury rules that MBTA shortchanged a Kingston land owner whose property was taken for a rail station in 1995. |
Week of Thursday, February 24, 2000
Saugus Advertiser
Saugus lawyer wins big
| The jury agreed with Flynn and O'Donnell and appraised the property at $5,175,000. |
Week of Friday, February 25, 2000
Everett Advocate
|
With the extra money won for her by Attorney Flynn, the MBTA is actually being forced to pay Mrs. O'Donnell a grand total of $5.17 million and a $154,000 per acre, for the acquisition of her land, instead of the original figure of $2.95 million. Thus, in effect, Attorney Flynn has doubled the Eminent Domain settlement for Mrs. O'Donnell. |
Week of Tuesday, February 27, 2000
Northshore Sunday
|
How's this for a Valentine? On Monday Feb. 14, a Plymouth County jury awarded Saugus lawyer Peter Flynn wht he says is the largest eminent domain verdict in the history of the county. The jury agreed with Flynn and O'Donnel and approved the property at $5,175,000. |
Week of Thursday, February 17, 2000
The Patriot Ledger
|
A jury has awarded a former Kingston land owner nearly $3 million more than the MBTA paid her when it took her land by Eminent Domain in 1995. The jury decided that the $2.95 million the MBTA paid O'Donnell in 1995 was not fair market value |
