![]() The taking was supported by several local environmental and community groups under the slogan “Save Webster Woods.” Meanwhile, the university took its case directly to residents. The issue was a rare public split between the city and university. Officials had also approved an additional $740,000 to cover legal fees. As mayor, she began talks with Boston College about the property when she took office the following year, while also working with the city’s Conservation Commission and Preservation Committee on the issue.Īfter city officials approved the taking, Fuller said the city expected Boston College would challenge the acquisition and the value of the land. The long-simmering town-gown fight over the property began long before Fuller secured the unanimous support of the 24-member City Council to take the property through eminent domain late in 2019.Īs a mayoral candidate in 2017, Fuller declared she would work to preserve Webster Woods, either through conservation restrictions or by an eminent domain taking of the undeveloped open space. asserting the City’s position that the amount BC received for the land is fair and appropriate.” Mayor Ruthanne Fuller, in a statement late last month, said: “Newton’s Law Department continues to work with outside counsel and filed a response to this complaint. “The City is without sufficient knowledge to admit or deny the allegations with regard to the Plaintiff’s use and plans with respect to the property prior to the taking,” the city said in a court filing. Newton city officials, in court papers, declined to weigh in on the university’s plans for the property. While the university is entitled to interest, city officials denied applying the state statute is unfair or inadequate.Īccording to court papers, Boston College trustees said Webster Woods property and buildings are used by the university’s faculty and students, and are included in the university’s long-term educational facilities planning. The city argued that Boston College has been awarded just compensation for the property. In the city’s response to the trustees’ complaint, filed March 26, officials denied that the taking caused damages and a reduction in the value of the university’s remaining portion of the property. They argued that the statutory interest required under state law is inadequate and “fails to meet the conditional standard of reasonableness” and deprives the university of just compensation. Trustees also seek an adequate market rate of interest to be paid on the amount of any judgment obtained in the suit. Trustees seek a jury trial, and argue that the city is bound to award just compensation for injury suffered and damages sustained due to the taking under the Fifth Amendment of the US Constitution and Article X of the state constitution’s Declaration of Rights. “The Taking has deprived the Plaintiff of its land, trees, structures and other property which were all of great value, and caused damages and a diminution in value to the remaining portion of the Subject Property,” trustees said in court papers. They said the city’s taking limits the use of the university’s remaining property, which includes the former congregation building and parking area. 18 complaint, said Boston College bought the property as part of a larger 22-acre purchase from Congregation Mishkan Tefila in 2016.
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