Jessica G. Kelly quoted in The Boston Globe on NAIOP’s take on the Sudbury power line dispute

October 3, 2019

Jessica Kelly, partner in the firm’s Litigation Department and chair of its pro bono practice, was quoted by The Boston Globe on October 2, 2019 in an article, “Sudbury power line fight could affect development deals statewide.” The article details the amicus brief, written by Jessica and Daniel Johnston, on behalf of NAIOP Massachusetts, the Real Estate Bar Association, and The Abstract Club, which argued that the Town of Sudbury cannot rely on the prior public use doctrine to block the Massachusetts Bay Transportation Authority from leasing an inactive railroad corridor to Eversource because extending the doctrine to transactions between public and private entities would have a significant adverse effect on development across the state.

Read the full article at The Boston Globe (subscriber content).

From the article: 

Jessica Gray Kelly, NAIOP’s lawyer, says her client is agnostic on the fate of that project. But the association’s members do worry that the effects could ripple far and wide if the court decides legislative approval is needed for any change of use in a public property deal, not just for those in which control would be transferred to another public agency.

It would be a new world for real estate development in the state. Kelly demurs when asked how she thinks the court will react. But NAIOP’s insertion into this seemingly local fight shows the trade group is not taking any chances.”