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Sid & Victor Realty Trust v. MassDOT
Attys Peter E. Flynn and Jason R. Scopa for plaintiff
$780,000 settlement January 2014
52,000 square feet of land adjacent to Route 1 Jughandle in Peabody taken by MassDOT since new highway layout made access to the parcel a substantial safety risk. Attorneys theorized that loss of access was tantamount to the total taking of the land. Clients obtained a $780,000 settlement.
CITY OF TAUNTON TO PAY LANDOWNER
$5,260,000.00
On November 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 nine 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. Largest reported jury verdict in an eminent domain case in Massachusetts since 2007.
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 a commuter rail line. Original payment to the client was $875,000. In wake of the 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 the settlement that avoids litigation in major environmental/eminent domain dispute.
O'DONNEL v. M.B.T.A.
Attorney Peter E. Flynn for the plaintiff
Jury verdict for plaintiff February 14, 2000 - $5,175,000
Doubling original pro tanto payment. This case has been reported as the largest plaintiff Eminent Domain verdict in the history of Plymouth County. Defendant agency took over 33 acres of plaintiff's vacant land off Route 3 in Kingston, Mass., to install a commuter rail station. Plaintiff demonstrated the property's value as a retail or commercial development, overcame permitting and environmental issues, and was awarded more than $5,000,000.
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 even though 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 the landowner and town increases payment 27 times over. An additional quarter of a million dollars obtained for the 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 the 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 increase 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 unbuildable due to access problems and wetlands and appraises property at $7,500. The town pays additional $73,750 to avoid trial.
Palermo receives $150,000.00. Town appraises wooded lot on an undeveloped road at $53,000 and nearly triples payment to avoid trial.
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 easements on client's commercial land. The 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. The 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 was 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 historically 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.
Attorneys Peter E. Flynn and Jason R. Scopa for plaintiff
Jury verdict for plaintiff September 17, 2004 - $820,000
More than three (3) times original pro tanto payment. M.B.T.A.'s appeal defeated. M.B.T.A. took plaintiff's 26,900 square foot lot in Scituate for construction of Greenbush commuter rail line. The agency's appraiser was subjected to extensive cross-examination by Attorney Flynn at trial. The jury determined that the property's fair market value was almost precisely the amount testified to by the landowner's appraiser... $820,000. The M.B.T.A.'s only offer was the original pro tanto payment - $270,000. M.B.T.A. requested a reduction of the verdict, which was denied, and it then filed a further appeal. Given the lengthy appeal period and low-interest rate, landowner accepted $800,000 immediate payment.