NAHANT — Essex County Superior Court has denied the town’s petition to take 12.5 acres of land known as East Point from Northeastern University by eminent domain.

“The court hereby declares and adjudges that the order of intention to take conservation easement by eminent domain issued by the Board of Selectmen of the Town of Nahant on Sept. 8, 2021… is null and void because the Town of Nahant is pursuing the taking described therein in bad faith for an improper reason,” the decision document reads. 

The court sided with Northeastern’s defense, which argued that Nahant’s “dominant” reason for wanting to take the land is to block the university from expanding its Marine Science Center or any other potential development, as opposed to preserving open space, recreation, and wildlife area.

The decision cites quotes from Selectman Josh Antrim that it found to be valid evidence in support of Northeastern’s claim.

“As of July 23, 2020, Selectman Joshua Antrim believed that an ‘eminent domain (taking) provided a tool to prevent development or to negotiate an acceptable resolution with Northeastern.’ In fact, it was his ‘hope’ that eminent domain gave the BoS (Board of Selectmen) the ability to stop the project,” the decision document reads.

Antrim was also quoted saying that the Marine Science Center would be “way out of scale” with the town and that it “just didn’t belong there.”

The town presented three surveys from 1989, 2000, and 2008 that demonstrated the site was very popular for recreational use. In addition, the document said that Nahant’s past open space plans suggested preserving East Point was prioritized by the town.

However, the 2016 Open Space and Recreation Master Plan, the town’s most recent plan at the time of Northeastern’s 2018 announcement of the expansion project, “does not even mention any part of the NU property, other than Canoe Beach, as being an open space resource,” according to the document.

The Board of Selectmen issued a response to the ruling, insisting that it filed the petition in an effort to protect the public’s access to the land.

“Protection of the wildlife preserve, migratory bird habitat, and open space at East Point is most certainly a valid public purpose and the purpose for the town’s overwhelming vote at Town Meeting in 2021 to acquire a conservation easement there,” the board wrote in a joint statement. “For more than 60 years, the town has consistently sought to protect East Point and the area has been enjoyed by the public for generations.”

The board said that 33 years ago, East Point was zoned as a natural resource area by Town Meeting. It argued this shows that Nahant’s residents wanted to preserve the area as conservation land.

“The Board of Selectmen intends to continue to protect East Point and public access to it, as authorized and directed by town residents, to the fullest extent allowed by law,” the board’s statement reads.

According to Town Administrator Tony Barletta, the board will meet in executive session next Monday to discuss the next steps of the ongoing litigation.