LICHOULAS v. CITY OF LOWELL

No. 09-P-1448.

78 Mass. App. Ct. 271 (2010)

JAMES T. LICHOULAS, JR., individually & as trustee, v. CITY OF LOWELL.

Appeals Court of Massachusetts, Suffolk.

November 17, 2010.


Attorney(s) appearing for the Case

Brian A. Davis for the plaintiff.

R. Eric Slagle for the defendant.

Present: TRAINOR, RUBIN, & FECTEAU, JJ.


RUBIN, J.

The plaintiff, James T. Lichoulas, Jr. (plaintiff), commenced this action in the Land Court challenging the validity of the city of Lowell's eminent domain taking of the plaintiff's dormant hydroelectric power plant. The Land Court dismissed the complaint for want of subject matter jurisdiction. The plaintiff has appealed.

1. Background. In 1986, the plaintiff was licensed by the Federal Energy Regulatory Commission (FERC) to operate the ...

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