SWAMPSCOTT — The town is asking a judge to dismiss the lawsuit filed by the Unitarian Universalist Church of Greater Lynn that alleges the town underpaid for easements taken for the construction of a new elementary school.
In its answer to the initial complaint filed by the church, the town, which is represented by George A. McLaughlin III, reaffirms its position that “the plaintiff has received full, fair, adequate and just compensation.” McLaughlin filed the response in Essex County Superior Court on Aug. 3.
In the initial complaint, the church claims that Swampscott, which took both permanent and temporary easements from the UUCGL’s 7.15-acre property via eminent domain, offered an “inadequate” sum of money for the taking of the land. Town Administrator Sean Fitzgerald told The Item that the town offered the church $82,500 for the land, but has since paid $500,000 after working with appraisers.
Swampscott, in the written response, asks the judge not only to dismiss the suit but also to award the town “its costs, expenses, and attorney’s fees and such other and further relief as the court may otherwise deem appropriate and just.”
The town is also asking the judge to find that the church has been awarded “full, fair, adequate, and just compensation” for any damages incurred by the taking.
The judge is also asked to find that the church was awarded a sum of money that “is greater than or exceeds full, fair, adequate and just compensation” for any damages stemming from the taking of the land. Swampscott is calling for the judge to order the church to refund all sums of money exceeding full, fair, adequate, or just compensation plus interest.
According to Attorney Peter E. Flynn, who represents the church, adequate compensation for the permanent easements would be $5 million or $6 million, and for a total taking closer to $12 million. These numbers represent the value of residential construction lots that the church would not be able to sell because of the easements, Flynn said.
Fitzgerald said he was surprised by those figures because they did not represent the intended use of the easements.
Flynn declined to comment on the town’s response and said McLaughlin also declined to comment.
Flynn said both sides are hoping for a quick resolution to the suit.
Charlie McKenna can be reached at [email protected].
