Attorneys for former Wonderland Dog Track Heading Back to Court

Advocate Staff Report

The eminent domain lawsuit against the city over the taking of Wonderland Dog Track is scheduled to begin in September, 2026.

The former owners of Wonderland, CBW Lending LLC, are not contesting the taking of the property, but they believe they are being significantly shortchanged by the city which offered $29.5 million for the 33-acre site. CBW is looking for a payout in the $100 million dollar range.

“The owners are entitled to the highest and best price,” said Attorney Peter Flynn who is representing CBW. ” What the city did is give us the lowest price.”

Although most eminent domain cases are resolved with a negotiated settlement, since the suit was filed in early 2023, a meeting to discuss the case has been canceled and there have been no offers of a settlement. For the past two years, Attorneys Flynn and Jason Scopa have been collecting data on what they say is Wonderland’s true value as of November, 18, 2022, the day the taking of the property was signed which is how eminent domain works.

Often mentioned is the $355 million sale of the 50-acre Necco Candy Factory which took place in that time frame.

Rather than seeking a resolution, Revere is investing heavily in its defense. At a hearing on May 14, 2025 in Suffolk Superior Court on the status of the case, it was announced attorney John Leonard, who has been representing the city, is considering retirement. Leonard said he would need help with the case moving forward.  Revere is bringing in additional legal help from Foley Hoag, a white shoe international law firm with offices in major cities throughout the United States and abroad and more than 300 lawyers on the payroll.

With new lawyers coming on board, the city requested a delay in the start of the trial. Rather than beginning this fall, the case will wait until September, 2026, to give Foley Hoag time to review the files.

There has been some talk of mediation on the city side, but Flynn was not impressed.

“The city talks about mediation but mediation is not for the city to find out how much trouble they are in but rather to resolve the case,” said Flynn. “The city is in no position to go to a mediation with millions of dollars of settlement authority,” he added.

The delay in the case means Revere will have to wait another year to learn the actual cost of the new high school. And it also means potential interest payments to CBW are adding up which could add millions to a possible award.

“They are starting the whole case over at $700 an hour,” said Flynn referring to the cost of Foley Hoag’s billable hours. Flynn is clearly frustrated that the city is willing to spend millions on legal fees but has not offered CBW a single penny.

“It’s not fair,” he said.