U.S. District Court Judge Nathaniel Gorton denied part of the Town of Swampscott’s motion to dismiss Holcim – NER Inc.’s unconstitutional taking of property complaint against the town and its Select Board.Holcim Inc, formerly known as Aggregate Industries, has conducted excavating operations at the Quarry bordering Swampscott and Salem for more than a century.In November 2021, the company filed a complaint in the U.S. District Court in Boston, claiming the Town regulated and restricted Holcim’s business operations to take the site — physically and through regulation — after the town restricted its earth removal permit.