Justices hear dispute over Nahant's use of eminent domain to block Northeastern development

BOSTON — The Supreme Judicial Court heard oral argument in the dispute between the town of Nahant and Northeastern University over whether Nahant lawfully used eminent domain in 2021 to place conservation easements on land Northeastern owns.

Tony Martin, counsel for Nahant, told the justices that residents "have treasured the rare open space and oceanfront beauty afforded them by East Point for decades," and that a supermajority at town meeting voted in 2021 to use eminent domain to secure recreation, open-space conservation and historic-preservation easements. Martin said the town's order of intention limits any easement uses to the purposes debated at town meeting and cited committee deliberations and prior open-space plans as evidence of long-standing public interest in protecting the parcel.

The town's case, Martin said, rests on decades of local planning and sworn testimony:…