Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth

2 Mass. L. Rptr. 389
CourtMassachusetts Superior Court
DecidedAugust 5, 1994
DocketNo. 90-1523F
StatusPublished

This text of 2 Mass. L. Rptr. 389 (Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth) 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
Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth, 2 Mass. L. Rptr. 389 (Mass. Ct. App. 1994).

Opinion

Barrett, J.

The matter is before this court on motions for entry of judgment filed by both sides. Essentially at issue are the matters raised by the decision of this court and that of the Supreme Judicial Court which appears as Massachusetts Wholesalers of Malt Beverage, Inc. v. Commonwealth, 414 Mass. 411 (1993). The heart of the matter concerns the determination by the Supreme Judicial Court that the retroactive funding provisions of the statute which required the bottlers and distributors to use certain funds of their own for the purpose of the initial funding of the bottle redemption program was unconstitutional. The issues break into four major divisions. The first of these is whether the plaintiffs have standing to bring the claims that they are raising in this proceeding: the second is whether the procedure by which the plaintiff is proceeding is appropriate or whether a tax abatement procedure is the only method of seeking relief; the third is what amount of interest, if any, the bottlers and distributors are entitled to recover in addition to principal damages; and lastly what amounts may be recovered by the members of the plaintiff association in general terms.1

1. Standing

The Commonwealth claims that the plaintiff associations lack standing to claim monetary damages on behalf of their members. An association has standing to bring suit on its members’ behalf if: (1) one or more of its members have suffered an injury to give them standing to sue on their own behalf; (2) the injury pertains to the association's purposes; and (3) neither the claims asserted nor the relief sought requires the participation of individual members. Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333, 342-43 (1977). Since claims for monetary damages ordinarily require individual members to proffer proof of damages, an association lacks standing to bring such claims on its members’ behalf. Warth v. Seldin, 422 U.S. 490, 515 (1975) (an association’s standing depends, in part, on the nature of relief it seeks); United Union of Roofers v. Insurance Corp. of America, 919 F.2d 1398, 1400 (9th Cir. 1990) (union lacks standing to obtain monetary damages on its members’ behalf, since individualized proof would be necessary at the damages stage); Telecommunications Research and Action Center v. Allnet Communications Services, Inc., 806 F.2d 1093, 1094-96 (D.C. Cir. 1986).

An association, however, may bring claims for declaratory and injunctive relief on its members’ behalf. United Union of Roofers v. Insurance Corp. of America, supra, 919 F.2d at 1400. The relief that the plaintiff associations seek here does not require this court to determine specific monetary amounts due to each bottler and distributor, nor would it require the Commonwealth to pay any money to the associations on the bottlers’ and distributors’ behalf. Therefore, since this court can grant the relief requested without individualized proof of the bottlers’ and distributors’ damages, the plaintiff associations have standing to assert their current claims under the Hunt standard. Hunt v. Washington State Advertising Commission, supra.

[390]*390The court is concerned, however, as to the mechanics of any further proceedings to determine the amount of damages suffered by each of the bottlers and distributors. It is in the interest of all sides that this court’s rulings in these matters are binding on all parties so that another judge in another court will not have to confront these issues again. Hopefully the parties, and the bottlers and distributors, guided by the decision of this court, will be able to resolve all claims in an amicable fashion but, if they do not, then further litigation regarding collection may be necessary by the individual bottlers and distributors and claims may be made in those disputes that they are not bound by the decision of this court and can relitigate the issues decided here. Moreover, there may well be statute of limitations issues which could materialize should additional proceedings be brought by individual bottlers and distributors. In order to alleviate these possible privity problems and statute of limitations issues, this court will consider any motion filed reasonably promptly which seeks to add individual bottlers and distributors as parties to this case whether or not such parties are or were members of either of the plaintiff associations. It is the expectation of this court that should such motion be made and parties added to this litigation, there will be a commitment by all parties to the appointment of a Master to hear and decide factual issues concerning claims by the individual bottlers and distributors.

2. Abatement Procedures

The Commonwealth argues that the sole remedy of a bottler or distributor for payment of just compensation for property that the Commonwealth confiscated unlawfully is by way of the tax abatement procedure set out in M.G.L.c. 62C. Its argument is based principally on G.L.c. 94, §326 which states in pertinent part:

. . . The collection of revenues pursuant to (G.L.c. 94, §323D) shall, to the extent consistent with this chapter, be governed by the provision of chapter sixty-two C.

This language does not, however, require the bottlers and distributors to file tax abatement applications as a prerequisite to recovering just compensation.

In the absence of ambiguity, courts must construe statutory language in accordance with its plain and ordinary meaning. Commonwealth v. One 1987 Mercury Cougar Auto, 413 Mass. 534, 537 (1991). According to its conventional usage, “collection” refers to the process of acquisition, not expenditure. The provisions of G.L.c. 62C govern a broad array of matters pertaining to state taxation, including tax assessment, collection, and refunds. G.L.c. 62C, §1, et seq. The Bottle Law incorporates these provisions exclusively with respect to the collection of revenue: it does not purport to incorporate these provisions to govern reimbursements or refunds to bottlers or distributors. G.L.c. 94, §326. Subjecting all aspects of transactions required by the Bottle Law to the provisions of G.L.c. 62C, as the Commonwealth argues, ignores the clear language of G.L.c. 94, §326 and the Legislature’s manifest intention to limit the applicability of G.L.c. 62C to revenue collection authorized by the Bottle Law.

Even if reimbursement and refunds required by the Bottle Law constitute elements of revenue collection within the meaning of G.L.c. 94, §326, this case does not involve these types of payments. Since the Commonwealth has taken the bottlers’ and distributors’ property, federal and state constitutions require the Commonwealth to reimburse them. Determining what compensation is constitutionally adequate is a judicial, not an administrative function. Monongahela Navigation Co. v. United States, 148 U.S. 312, 327 (1893); Verrochi v. Commonwealth, 394 Mass. 633, 638 (1985).

Further, if the Bottle Law required bottlers and distributors to pursue an administrative remedy in accordance with the procedures established by G.L.c.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Monongahela Navigation Co. v. United States
148 U.S. 312 (Supreme Court, 1893)
Warth v. Seldin
422 U.S. 490 (Supreme Court, 1975)
United States v. Sioux Nation of Indians
448 U.S. 371 (Supreme Court, 1980)
Kirby Forest Industries, Inc. v. United States
467 U.S. 1 (Supreme Court, 1984)
Madden v. State Tax Commission
133 N.E.2d 252 (Massachusetts Supreme Judicial Court, 1956)
Verrochi v. Commonwealth
477 N.E.2d 366 (Massachusetts Supreme Judicial Court, 1985)
Commonwealth v. One 1987 Mercury Cougar Automobile
600 N.E.2d 571 (Massachusetts Supreme Judicial Court, 1992)
Massachusetts Wholesalers of Malt Beverages, Inc. v. Commonwealth
609 N.E.2d 67 (Massachusetts Supreme Judicial Court, 1993)
ITT Corp. v. United States
17 Cl. Ct. 199 (Court of Claims, 1989)
Illinois v. United States
19 Cl. Ct. 180 (Court of Claims, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
2 Mass. L. Rptr. 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massachusetts-wholesalers-of-malt-beverages-inc-v-commonwealth-masssuperct-1994.