1st Circ. Won't Intervene In Defunct Power Plant Case

Law360, New York (February 2, 2009, 12:00 AM EST) -- The U.S. Court of Appeals for the First Circuit has affirmed a lower court's dismissal of a suit filed by the owner of a defunct hydroelectric power plant challenging the taking of the property by eminent domain.

The court ruled Friday that the U.S. District Court for the District of Massachusetts was within its rights to dismiss the suit by James Lichoulas over the plant in Lowell, Mass.

The lower court had tossed the case pending the outcome of a Federal Energy Regulatory Commission proceeding to...
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