Legal Opinion

Lichoulas Ex Rel. Appleton Trust v. City of Lowell

Court of Appeals for the First Circuit

Decided January 30, 2009No. 08-1485, 08-2023PublishedCited by 10 opinions

1Opinion of the Court

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 is the occasion for Liehoulas’ federal law suit. The background events are easily summarized. 1

The Federal Energy Regulatory Commission (“FERC”) granted a license on July…

2Cases cited11 opinions

  1. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Beddall v. State Street Bank & Trust Co.Court of Appeals for the First Circuit · 1998
  4. Rumford Pharmacy, Inc. v. City of East ProvidenceCourt of Appeals for the First Circuit · 1992
  5. Ross-Simons of Warwick, Inc. v. Baccarat, Inc.Court of Appeals for the First Circuit · 2000

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3Cited by10 opinions

  1. Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc.Court of Appeals for the Seventh Circuit · 2009
  2. Comite' De Apoyo a Los Trabajadores Agricolas v. PerezCourt of Appeals for the Third Circuit · 2014
  3. Lichoulas v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2010
  4. Saint Consulting Group, Inc. v. Endurance American Specialty InsuranceCourt of Appeals for the First Circuit · 2012
  5. Lichoulas v. City of LowellMassachusetts Appeals Court · 2010

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