On November 8, 2018 the Town of Concord filed a complaint in Land Court against the Town of Littleton to defend Concord’s water rights as they relate to Nagog Pond. Nagog Pond has been a critical water supply for Concord for more than a century. Concord’s action in the Land Court was in response to a series of letters and demands from the Town of Littleton Water Commissioners which purported to provided notice to Concord that Littleton “intends to exercise the full extent of the rights conferred [by Chapter 201 of the Acts of 1884] to withdraw water from Nagog Pond” despite Concord’s Registration. On March 19, 2019, Judge Jennifer S.D. Roberts issued two decisions in the Nagog Pond litigation in the Land Court favorable to Concord. The Land Court denied Littleton’s Motion to Dismiss and the Acton Water District’s Motion to Intervene. These decisions follow a favorable ruling in the Massachusetts Supreme Judicial Court (SJC) in which Justice Budd granted the Town of Concord’s Motion to Dismiss a Complaint filed by the Town of Littleton.
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