United States First Circuit
Lichoulas v. City of Lowell, 081485, 082023
In a case for just compensation brought by trustee of five parcels of land which were taken by eminent domain by defendant-city and which included a licensed hydroelectric facility, dismissal of complaint pending Federal Energy Regulatory Commission (FERC) proceedings is affirmed where: 1) the district court was entitled to await the outcome of a FERC proceeding that likely would eliminate any warrant for intervention by a federal court; and 2) to the extent plaintiff sought compensation for the taking, the claim was properly brought in state court pursuant to Williamson County Reg'l Planning Comm'n v. Hamilton Bank of Johnson City.
Appellate Information
- Decided 01/30/2009
- Published 01/30/2009
Judges
Court
- United States First Circuit