Macone ex rel. BRAMAC Development Trust v. Town of Wakefield

16 Mass. L. Rptr. 506
CourtMassachusetts Superior Court
DecidedJuly 16, 2003
DocketNo. 199902178
StatusPublished

This text of 16 Mass. L. Rptr. 506 (Macone ex rel. BRAMAC Development Trust v. Town of Wakefield) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Macone ex rel. BRAMAC Development Trust v. Town of Wakefield, 16 Mass. L. Rptr. 506 (Mass. Ct. App. 2003).

Opinion

Houston, J.

The plaintiffs, Thomas J. Macone and Frank Bramante, as trustees of the BRAMAC Development Trust, have brought suit against the defendant, the Town of Wakefield (“the Town”), alleging unlawful discrimination in violation of the Federal Fair Housing Act and G.L.c. 15 IB, §4, a violation of the plaintiffs’ due process, substantive due process, and equal protection rights under the United States Constitution and Articles 1, 10, and 12 of the Massachusetts Declaration of Rights, and breach of contract. On February 7, 2001 the United States District Court (Keeton, J.) granted summary judgment for the defendant on the plaintiffs’ federal claims. The district court remanded the plaintiffs’ state claims (Counts I, VI, VII, and VIII) to this court. The defendant now moves for summary judgment on these remaining state claims. For the reasons set forth below, the defendant’s motion for summary judgment is ALLOWED.

BACKGROUND

On April 27, 1998, the plaintiffs sought approval from the Board of Selectman for the Town of Wakefield (“the Board”) for the construction of 133-160 townhouse condominium units, known as Hillside Estates, under the Local Initiative Project (“LIP”). The Massachusetts Department of Housing and Community Development (“DHCD”) established LIP in order to give towns and cities incentives to construct and sell minority and low-income family housing. LIP allows developers to obtain standing to petition the Zoning Board of Appeals of the town or city for a comprehensive permit to construct its project. These permits may supercede all local zoning rules and regulations.

The first step in obtaining a permit is to get the written endorsement of the chief elected official of the municipality in which the applicant intends to build. In this case the chief elected official was the Board. According to the LIP Guidelines, the DHCD expects local officials to act in good faith and that local support will not be unreasonably withheld. Pursuant to G.L.c. 40B, §20, Massachusetts communities have a target goal of having ten percent of its housing for low- to moderate-income families. At the time that the plaintiffs sought the Board’s endorsement, about four and one-half percent of the Town’s housing was for low- to moderate-income families. Pursuant to an executive order, if a town or city fails to approve a LIP project, the state may withhold state funds.

On May 13, 1998, the Board voted to endorse the plaintiffs’ project. The plaintiffs then submitted an application to the DHCD. On November 5, 1998, DHCD officials met with the plaintiffs and requested they consider reducing the number of units. The DHCD also requested that the plaintiffs obtain additional confirmation of the Board’s continued approval of the project. In response to the DHCD’s request, the plaintiffs submitted a more detailed proposal to the Board for 135 units. On November 13, 1998, the Executive Secretary of the Town of Wakefield, a member of the Board, issued a letter stating that the Board was happy to see that the plaintiffs had reduced the number of units and that the Board continued to support the project.

On November 30, 1998, members of the Board met with DHCD officials to discuss LIP. The defendant claims that, at this meeting, it became clear for the first time that the state would not withdraw funding if the Town did not approve the plaintiffs’ project. On December 21, 1998, the DHCD issued a letter certifying the plaintiffs’ project stating that although the project was greater in size and density than that fypically allowed, since the Board endorsed the project, it was granting certification. The certification con[507]*507tained a number of conditions, including that the plaintiffs set aside five units for minority families.

On March 8, 1999 the Board voted to rescind its endorsement. Prior to its decision, the Board did not give the plaintiffs notice that it was reconsidering its previous endorsement. The Board did not notify the plaintiffs until two days later. The Board’s letter to the plaintiffs did not state a reason for its decision. The Board claims that it decided to rescind its endorsement because of DHCD concerns about the size of the project and individual Board member’s concerns about traffic, the density of the project, drainage and school enrollment. It also claims that, contrary to their belief at the time they approved the project, they now believed that they would not be punished, in the form of the loss of state funds, if they decided not to endorse the project. On March 19, 1999, the Chief Counsel of the DHCD informed the plaintiffs that since the Town withdrew its endorsement of the project, the DHCD was withdrawing its certification. Following this decision the Zoning Board of Appeals dismissed the plaintiffs’ petition for a permit because the DHCD’s decision not to certify terminated its jurisdiction over the plaintiffs’ application.

The plaintiffs filed this action in Middlesex Superior Court. The defendant, subsequently, removed the case to the United States District Court. On Februaiy 7, 2001, the district court granted the defendant’s motion for summary judgment on the plaintiffs’ federal claims.1 The district court remanded the plaintiffs’ remaining state claims to this court.

DISCUSSION

A. G.L.c. 15 IB, §4

The plaintiffs claim that the defendant, through its decision to rescind its prior endorsement of the plaintiffs’ project, discriminated against the plaintiffs on the basis of race and economic level in violation of G.L.c. 15IB, §4. The defendant argues that the plaintiffs have not produced sufficient evidence of discriminatoiy intent or discriminatoiy impact. Both parties rely on federal cases in support of their arguments. In interpreting G.L.c. 151B, §4, the court may look to the analogous federal statute, however, the court is not bound by interpretations of the federal statute in construing state law. See College-Town, Division of Interco, Inc. v. Massachusetts Commission Against Discrimination, 400 Mass. 156, 163 (1987). While, in this case, the court may look to 42 U.S.C. §3601 et seq., the Fair Housing Act, for guidance, it is unclear whether the legislature intended G.L.c. 151B, §4 to apply to the interaction between a developer and a municipality.

Although the plaintiffs do not specify under what section of G.L.c. 15 IB they have brought their discrimination claim, presumably the plaintiffs have brought this claim under G.L.c. 151B, §4(13)(a). Under G.L.c. 151B, §4(13)(a), it is unlawful:

[flor any person to directly or indirectly induce, attempt to induce, prevent, or attempt to prevent the sale, purchase, or rental of any dwelling or dwellings by:
(a) implicit or explicit representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular age, race, color, religion, sex, national or ethnic origin, or economic level. . .

(Emphasis added.) The Fair Housing Act applies to municipalities. See Keith v. Volpe, 858 F.2d 467, 482 (9th Cir. 1988). In construing the General Laws of Massachusetts, however, “the word ‘person’ ordinarily does not describe the State or its subdivisions.” Commonwealth v. Dowd, 37 Mass.App.Ct. 164, 166 (1994). Furthermore, G.L.c.

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Related

Dickerson v. Attorney General
488 N.E.2d 757 (Massachusetts Supreme Judicial Court, 1986)
Commonwealth v. Dowd
638 N.E.2d 923 (Massachusetts Appeals Court, 1994)
McCarthy v. Tobin
706 N.E.2d 629 (Massachusetts Supreme Judicial Court, 1999)
Commonwealth v. Ellis
708 N.E.2d 644 (Massachusetts Supreme Judicial Court, 1999)
Doyle v. Department of Industrial Accidents
734 N.E.2d 1187 (Massachusetts Appeals Court, 2000)
Keith v. Volpe
858 F.2d 467 (Ninth Circuit, 1988)

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Bluebook (online)
16 Mass. L. Rptr. 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macone-ex-rel-bramac-development-trust-v-town-of-wakefield-masssuperct-2003.