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Jessica G. Kelly quoted in Massachusetts Lawyers Weekly on SJC’s decision in the case of the Town of Sudbury v. Massachusetts Bay Transportation Authority

Jessica G. Kelly, partner in the firm’s Litigation Department and chair of its Pro Bono Practice Group, was quoted in Massachusetts Lawyers Weekly (MLW) on October 1, 2020. The article, “Town can’t block power lines under unused rail trail,” explains the Supreme Judicial Court’s decision in Town of Sudbury v. Massachusetts Bay Transportation Authority (MBTA), et al., affirming that the “prior public use” doctrine could not be used to block a deal between the MBTA and an electric company allowing the utility to install power lines under an unused railway right of way.

Read the full article in Massachusetts Lawyers Weekly (subscriber content).

From the article:

“Jessica G. Kelly of Boston, who co-authored an amicus brief on behalf of the Real Estate Bar Association and a pair of other real estate industry groups, said the decision should ease concerns in the field about the “tremendous chilling effect” that could have resulted from a decision the other way.

‘The amici are very pleased that they could provide input on behalf of the industry as to the importance of public agencies having flexibility to enter into transactions with private entities, whether it be to, for example, generate revenue for the state, to provide affordable housing, or for clean energy projects,’ she said.”