Date
September 3, 2026
Added to tracker
September 12, 2026
Court or forum
Massachusetts Supreme Judicial Court
State
Massachusetts
Presiding judge
Elizabeth Dewar
Amount / scale
~$2.2M taking value estimated by the town; Northeastern has signaled it will contest that figure and warned of up to $9M in potential delay damages if the taking had been abandoned
Parties
Petitioner: Town of NahantRespondent: Northeastern University

The Massachusetts Supreme Judicial Court reversed two lower court rulings and held that the Town of Nahant may proceed with an eminent domain taking of roughly 12.5 acres of Northeastern University's East Point land, rejecting the university's argument that the taking was an unlawful pretext for blocking its Marine Science Center expansion. Justice Elizabeth Dewar's September 3, 2026 opinion found the town's conservation and open-space purpose genuine and independently documented, even though stopping the university's project was also part of its motivation.

Why it matters

Narrows the 'bad faith'/pretext defense that institutional and commercial landowners have relied on to challenge municipal takings aimed at blocking their development plans, holding that a mixed motive does not defeat an otherwise genuine, independently documented public purpose. Institutional owners facing local opposition dressed up as a conservation or open-space taking should expect real judicial deference to a municipality's declared rationale where that rationale predates the specific development dispute.

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