Lawsuit Against Westborough Over Regal Site Pushed Back By Months

WESTBOROUGH, MA — A resolution to a lawsuit between a developer and the town might take longer after the two parties agreed to extend key court deadlines, according to Worcester Superior Court records.

Ferris Development, LLC, filed a lawsuit against Westborough in November after the town passed over Ferris' proposal to redevelop the former Regal Cinemas building along Route 9. According to court filings this month, the two sides agreed to move a final pre-trial conference to July 2024 instead of March 2024.

Ferris was one of three companies to submit bids for the site and proposed using the old cinema building to construct a "beehive" coworking space for tradespeople. The town chose to proceed with another proposal from the company LAX Media MA to build a luxury cinema in the building.

In January, Ferris asked a judge to issue a preliminary injunction, arguing the Select Board should've picked Ferris' proposal if it was obeying the standards set out in bidding documents.

Across five categories the town used to score each proposal, the LAX and Ferris proposals got the highest possible marks for their submitted purchase price of the Regal site and sustainability additions. Ferris scored higher in a category on available financing. LAX scored higher in a category assessing benefits for the town, with the proposed new cinema creating more on-site jobs and annual tax revenue. The cinema project would also be able to begin more quickly due to a shorter permitting time, according to court documents.

In January, Worcester Superior Court Judge Gavin Reardon Jr. denied the preliminary injunction, saying Ferris was unlikely to prevail on claims that the town breached an implied contract by picking the LAX proposal.

It's possible the town and Ferris could settle the lawsuit before going to trial. The Westborough Select Board is set to meet Wednesday in closed session to "discuss strategy with respect to litigation" over the Ferris lawsuit.