NAHANT — The Supreme Judicial Court has taken up Nahant’s legal case against Northeastern University regarding the preservation of East Point for appellate review, with a hearing scheduled for early February 2026, though a date hasn’t been finalized yet.
Appellate review is when a higher court has the ability to examine the rulings of a lower court to correct any potential errors within the procedure. It can function as a means to ensure fairness and the consistent application of legal standards.
Back in 2018, the university announced its plans to expand the Marine Science Center by building a new facility on 12.5 acres of land known as East Point. Then, in 2019, the legal battle ensued when the Town filed a lawsuit to try and halt the expansion.
Later, in April 2024, Essex County Superior Court ruled in favor of the university, stating that a state law protecting land left untouched for conservation did not apply to the university’s ambition of expanding the science center. The court then sided with the university’s defense, arguing that Nahant’s dominant reason for wanting to take the land was to prevent the science center’s expansion or any other potential development, as opposed to preserving open space, recreation, and wildlife area.
The Town appealed that ruling. After reviewing the case, Superior Court Judge Jeffery Karp made the decision to deny the majority of the university’s claims for damages, which would have totaled an approximately $25 million cost for the Town.
“I think everyone’s aware that the Town appealed the court’s decision to the Supreme Judicial Court and asked for a direct appellant review… We’ve heard that the SJC has taken up direct appellant review, and is scheduling the hearing for Feb. 2-4,” Town Administrator Alison Nieto said during the latest Board of Selectmen meeting.
She continued, saying that the SJC also requested the submission of amicus briefs, which are statements of support from external organizations, associations, or other municipalities. Those are due in early January.
Dan Skrip, Nahant’s legal counsel, said, “From a legal perspective, that’s huge. The SJC has often sought to take on direct appellant review, and they don’t probably 80% of the time. The fact that they’re taking the time to do it means they’re going to send a message, and my guess is that it’s going to be in our favor, but I guess we’ll find out.”
Skrip said the SJC has requested the amicus briefs to gain knowledge from parties beyond those directly involved in the case.
In a follow-up discussion, Nieto said she’s hopeful the case will ultimately go in favor of the Town.
“I think a municipality’s right to take land by eminent domain is important, not just here in Nahant, but in other areas, too,” Nieto said.
