Success Story Examples
ON BEHALF OF PUBLIC CLIENTS:
Eminent Domain
The Big Dig
Numerous large scale permanent and temporary takings were required as a result of The Big Dig, the Third Harbor Tunnel/Central Artery Project. We represented the Commonwealth Big Dig in virtually every major taking case. These cases comprise most of the highest dollar value eminent domain cases in the history of Massachusetts. In addition, owing to the complexity of dealing with appraisals and land use in Boston, these cases are among the most complex eminent domain cases ever brought.
Among these cases:
* Frank v. Commonwealth: Mr. Bourbeau defended the Massachusetts Highway Department in the largest Eminent Domain claim in Massachusetts’ history (the taking of the Analex Building at 150 Causeway Street, Boston, housing the Bruins and Celtics offices, adjacent to old Boston Garden. This was in fact the largest case ever tried to a jury verdict in Massachusetts, in which the plaintiff sought over 100 million in damages. This case involved complex development and economic issues. After a three week trial, the jury awarded only 25% of what the Plaintiff sought over the Commonwealth’s high appraisal, saving the client $40 million.
* McCourt v. Commonwealth:
The largest eminent domain case ever filed against the Commonwealth, involving several takings amounting to 40 acres in the rapidly developing South Boston waterfront district. We defended against a claim of over $150 million dealing with complex development, zoning and environmental issues. The matter was ultimately settled after three days of trial.
* Boston Wharf v. Commonwealth: highly complex environmental and engineering issues were raised in this case involving the taking of 10 acres of land along the Fort Point Channel for purposes of constructing the Third Harbor Tunnel. This matter was settled through intensive mediation and negotiation involving the informal testimony of structural engineers, environmental engineers, traffic engineers, appraisers, and developers.
Other Public Client Cases:
* Independence Park v. Commonwealth: Represented the Massachusetts Department of Fisheries, Wildlife, & Environmental Law Enforcement in a taking on Cape Cod to preserve certain endangered species of plants and animals. The thirty acres of land taken, next to the Hyannis Airport, was some of the last open space in the Town of Barnstable and resulted in the largest eminent domain case ever on Cape Cod. The case was ultimately settled after a six days of trial.
* Leviss et al. v. FRRA: Represented the Massachusetts Development Finance Agency and Fall River Redevelopment Authority in a major economc development project involving the acquisition by eminent domain of sites for the Applied Technology Manufacturing Center in conjunction with UMASS Dartmouth.
Bourbeau & Associates also has represented a number of Municipalities in matters related to Eminent Domain and resulting litigation:
Represented a town in takings of several small businesses for purposes of building a new Post Office Complex;
Represented a town in numerous takings of residential and business properties for the creation of a new town common.
Represented a town in the taking of several hundred acres for public water supply and conservation land.
Represented a town in the taking of a historical property.
Counselled towns on developing relocation plans and negotiating purchases in lieu of takings.