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LICHOULAS v. CITY OF LOWELL

Nos. 08-1485, 08-2023.

555 F.3d 10 (2009)

James T. LICHOULAS, Jr., Individually and as Trustee of the Appleton Trust, the Appleton Mill No. 5 Parking Trust, the Appleton Mill No. 5 Realty Trust, and the Parcel 291 Realty Trust, Plaintiff, Appellant, v. CITY OF LOWELL, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 30, 2009.

Attorney(s) appearing for the Case

Brian A. Davis with whom Laurence D. Pierce and Choate Hall & Stewart LLP were on brief for appellant.

Christine P. O'Connor, City Solicitor, City of Lowell, Law Department, for appellee.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

James T. Lichoulas, Jr. owns or serves as trustee for five parcels of land (collectively, "the Appleton Properties") that were taken by eminent domain by the City of Lowell, Massachusetts. Located on the properties is a hydroelectric power facility that was designed to generate electricity from the flow of water between the Pawtucket and Hamilton Canals. Although the facility is inactive, its existence...

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