InsideLowell has learned the long, drawn out battle over the former doctors offices at 75 Arcand Drive has ended, with a technical “loss” for the City of Lowell that in many ways is a big win.
A jury this week awarded the claimants, whose building was taken by eminent domain in 2018 as part of the Lowell High School project, $300,000 on top of the $2.6-million they had already been paid for the taking.
While the $300k qualifies as a victory for the dentists who used to own the property, sources tell us in 2022 the City Council was presented a settlement offer from the plaintiffs of $2.4-million by then Solicitor, Christine O’Connor. The Council voted not to accept the offer, opting instead to go to trial and offer no additional money on top of the initial payment right through the trial.
A source familiar with the case lauded the work of current City Solicitor Corey Williams, along with DPD Director Yovani Baez-Rose for helping present a strong argument for the city.
To date, the eminent domain taking has cost the City $9-million dollars for the property and relocation costs, less than the $11-million the doctors had been seeking, but far more than the $2.3-million dollar number being bandied about as a cost “placeholder” during the highly contentious high school location debate.
“We wished the jury awarded more money,” plaintiffs Attorney Flynn tells InsideLowell. “But when you look at the total payout to the doctors, we feel vindicated in what we were asking for and there are still pending issues to resolve. I don’t think the story is over yet.”
Flynn explained that there are still relocation and potential interest costs to settle, and says the doctors will consider whether to ask the judge for an “Additur” or a new trial altogether.
Additur is a legal term that refers to appealing the damage award granted and receiving a higher amount from the defendant as an addition to the award already assigned. It represents the power a trial court has to increase the amount of the judgment award assigned by a jury. Additur is a relatively uncommon legal action used when a jury’s damage award is insufficient to compensate the victim for his or her damages.
Calls to multiple city officials for comment on the ruling have so far gone unreturned.
