Legal Opinion
City of Lowell v. ENEL NORTH AMERICA, INC.
District Court, D. Massachusetts
Decided April 12, 2010No. Civil Action 10-10359-NMGPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM & ORDER
GORTON, District Judge.
The City of Lowell (“the City”) brings suit against Enel North America, Inc. (“Enel”) for breach of contract and also seeks a declaratory judgment. Before the Court is the City’s motion for a preliminary injunction.
I. Background
A. Factual Background
This dispute concerns the installation of flashboards above the Pawtucket Dam (“the Dam”) on the Merrimack River in Lowell, Massachusetts. Flashboards are removable boards or structures placed above the top of a dam to raise its water retention level. According to Enel, flash-boards serve two purposes: 1) to…
2Cases cited9 opinions
- Ralph S. Weaver, Etc. v. Charles Henderson, Etc.Court of Appeals for the First Circuit · 1993
- Charlesbank Equity Fund II v. Blinds to Go, Inc.Court of Appeals for the First Circuit · 2004
- Commonwealth v. Mass. CrincMassachusetts Supreme Judicial Court · 1984
- Cmm Cable Rep., Inc., D/B/A Creative Media Management, Inc. v. Ocean Coast Properties, Inc., D/B/A Wpor-FmCourt of Appeals for the First Circuit · 1995
- Public Service Company of New Hampshire v. Town of West Newbury, Thomas E. Pulkkinen, and Patricia Wells KnowlesCourt of Appeals for the First Circuit · 1987
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3Cited by3 opinions
- City of Lowell v. ENEL NORTH AMERICA, INC.District Court, D. Massachusetts · 2011
- Equitable Development, LLC v. Marshfield Airport CommissionDistrict Court, D. Massachusetts · 2025
- Gillan v. Town of CarverDistrict Court, D. Massachusetts · 2025