Town of Concord Prevails in its Motion to Dismiss Town of Littleton’s Nagog Pond Complaint in Supreme Judicial Court - On February 4, 2019, Justice Budd of the Massachusetts Supreme Judicial Court issued a Judgment dismissing Littleton’s Complaint seeking water damages in connection with its attempt to take away Concord’s right to withdraw water from Nagog Pond.
The Judgment acknowledged Littleton’s ability to refile its action in the future, but it dismissed Littleton’s claim in light of Concord’s case in the Land Court seeking a declaratory judgment that the Water Management Act, which was adopted in 1985 and imposed a new regulatory regime for water withdrawals in the Commonwealth, effectively repealed legislation passed in 1884 regarding the use of Nagog Pond.
In her decision, Justice Budd stated that, if Concord prevails in the Land Court, it would render Littleton’s claim for water damages in the SJC moot. Justice Budd noted, “[t]here is no need to appoint commissioners to assess water damages, or even to determine whether there is a controversy here that is ripe for adjudication, unless and until it has been determined in the Land Court litigation that the 1884 act remains viable in light of the Water Management Act.”
Concord looks forward to preserving its rights to withdraw water from Nagog Pond pursuant to its Water Management Act Registration and a favorable resolution of its case in the Land Court. The full Supreme Judicial Court decision can be viewed by clicking here.