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Town vows to ‘defend itself’ as Crosspoint lawsuit on property compensation continues

by | Jan 22, 2024 | Featured: News, News

The town continues to dispute a claim made by a Main Street property owner that unfair compensation was awarded for a portion of its land that was taken by eminent domain for the Main Street Corridor Project.

Crosspoint Associates owns 61 Main Street, the 97,052-square-foot site where CVS, Marty’s Fine Wines and a drive-up ATM are located. Crosspoint had redeveloped the property that formerly was the home of Colella’s Supermarket, which closed in 2015 after 70 years as a family grocer. 

On April 18, 2023, Crosspoint filed a lawsuit against the town as Hopkinton CP LLC, charging that it was unfairly compensated for land taken by eminent domain. In order to widen and redesign the street, Crosspoint was one of 74 Main Street property owners that received compensation for land taken by eminent domain via temporary or permanent easements. An order of taking was filed by the town on April 7, 2020, according to the complaint filed in Middlesex Superior Court. 

In the complaint, the plaintiff petitioned the court for the case to be heard before a jury that could assess an amount for damages.

“As part of the Main Street Corridor Project, the town took, by eminent domain, temporary and permanent easements to complete construction and to improve the roadway,” Town Manager Norman Khumalo stated in a recent email to the Independent. “All owners of land who were subject to such a taking, anywhere within the project, were compensated by the town, as the law requires.”

“The town paid Crosspoint approximately $381,000 for the taking,” Khumalo continued, adding that “the legal term is paid damages.”

The lawsuit claims that this compensation was insufficient because it “compromised the plaintiff’s use of the property” by reducing the number of parking spaces for customers and staff. It also did not take into account “new signage and site work to make the plaintiff whole.”

Stated Khumalo: “The town disagrees with Crosspoint and will defend itself in this lawsuit, if it cannot work out a resolution with Crosspoint.”

No further information was available about the status of the lawsuit or if the two parties have been in contact to negotiate a resolution.

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