Morrison v. Murphy

23 Mass. L. Rptr. 36
CourtMassachusetts Superior Court
DecidedAugust 22, 2007
DocketNo. 070898
StatusPublished

This text of 23 Mass. L. Rptr. 36 (Morrison v. Murphy) 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
Morrison v. Murphy, 23 Mass. L. Rptr. 36 (Mass. Ct. App. 2007).

Opinion

MacLeod-Mancuso, Bonnie H., J.

INTRODUCTION

Plaintiff, Brian D. Morrison (“Morrison”), filed this appeal pursuant to G.L.c. 249, §4 after the Town of Hopkinton Conservation Commission (“the Commission”) and the Hopkinton Department of Public Works [37]*37(“the Department”) approved a proposal for the construction of a wastewater treatment facility on 257 acres of town-owned land. Morrison alleges that the defendants, in their capacity as members of the Commission, and the Department (collectively, “Defendants”), violated the Town of Hopkinton’s Wetlands Protection Bylaw (“the Bylaw”) and its implementing-regulations when it approved the construction of the wastewater treatment facility. Defendants now move pursuant Mass.R.Civ.P. 12(b)(6) to dismiss Morrison’s complaint asserting that he lacks standing in bringing this appeal. For the following reasons, the Defendants’ Motion to Dismiss Plaintiffs Complaint is ALLOWED.

BACKGROUND

The Town of Hopkinton (“the Town”) owned 257 acres of land located in the Woodville section which was vacant at the time the Department applied for a permit in October 2006 to construct a wastewater treatment facility thereon. Pursuant to the Bylaw and the Wetlands Act for the installation of the plant, the Department was required to file a Notice of Intent with the Commission because a portion of the system it sought to build was within the wetland resource areas that the Commission regulated. The proposed project included plant construction, a stream crossing, the upgrade of a gravel road and grading and storm water treatment. A wetland replication area and compensatory flood storage to mitigate potential impacts were included in the Department’s design to meet the Bylaw’s standards. The Department further determined that the only disturbance to the Town’s wetlands included the conversion of a permanent roadway crossing over that of a temporary one at the site.

The Commission held several public hearings for the Department’s proposal for constructing the wastewater treatment facility. Notice was given to all interested parties for each of these hearings, which addressed both the Commission’s and abutters’ concerns with regard to the project. Several revisions were made by the Department following those hearings, and eventually, in January 2007, the Commission approved the project. It then ordered the permit to the Department to commence the wastewater treatment facility’s construction, including 85 conditions pursuant to the Bylaw and Wetlands Act with which the Department was to comply.

Based on the Commission’s approval of the wastewater treatment facility’s construction, Morrison commenced this lawsuit by filing an appeal in the nature of certiorari pursuant to G.L.c. 249, §4. Morrison resides at 22 Piazza Lane in Hopkinton; he is not an abutter, nor an'abutter to an abutter of the site where the wastewater treatment facility will be built. The Defendants now move to dismiss Morrison’s complaint for lack of standing.

DISCUSSION

When evaluating the sufficiency of a complaint pursuant to a motion to dismiss, the court must accept as true the allegation of the complaint, as well as any reasonable inferences to be drawn from them in the plaintiffs favor. Fairneny v. Savogran Co., 422 Mass. 469, 470 (1996). “[The] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Nader v. Citron, 372 Mass. 96, 98 (1977) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)). The plaintiff s burden in maintaining a complaint is “relatively light.” Warner Lambert v. Execuquest Corp., 427 Mass. 46, 47 (1998), citing Gibbs Ford, Inc. v. United Truck Leasing Corp., 399 Mass. 8, 13 (1987). When conducting its investigation, the court will look at the four corners of the complaint in addition to any documents that are incorporated by reference and attached thereto. See Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985); Beddall v. State Street Bank & Trust Co., 137 F.3d 12, 17 (1st Cir. 1998) (while ordinarily consideration of a 12(b)(6) motion must be limited to allegation in the complaint, where complaint’s factual allegations are linked and depen-dant upon a document, that document effectively merges into the pleadings and the trial court may review it in deciding the motion to dismiss).

Actions in the nature of certiorari serve “to correct errors in proceedings which are not according to the course of common law, [and] which . . . are not otherwise reviewable by motion or by appeal.” G.L.c. 249, §4. “To obtain a right of review under G.L.c. 249, §4, ‘[t]he complaining party must show, (1) a judicial or quasi judicial proceeding; (2) a lack of all other reasonably adequate remedies; and (3) a substantial injury or injustice arising from the proceeding under review.’ ” Friedman v. Conservation Comm’n of Edgartown, 62 Mass.App.Ct. 539, 542, n.5 (2004) (internal citations omitted) (emphasis added). When reviewing whether a petitioner has standing to challenge an administrative decision under G.L.c. 249, §4, the alleged injury or injustice cannot be speculative or generalized. Id. at 545. Rather, the petitioner must demonstrate that the protected legal interest he has suffered is “different in nature or magnitude from that of the general public.” Id. at 543.

Massachusetts’ courts have determined that although certain by-laws, regulations, and policies may allow petitioners to participate in the public hearing process, such an allowance does not “equate with standing to carry a challenge of the ultimate administrative decision” without more. Friedman, 62 Mass.App.Ct. at 544-45, citing Enos v. Sec’y of Environmental Affairs, 432 Mass. 132, 138 (2000). Such permission would instead confer automatic standing upon all plaintiffs with generalized grievances and “greatly expand the remedy of certiorari.” Id. at 545.

After reviewing Morrison’s complaint in the light most favorable to him, this court finds that the Defendants’ motion to dismiss must be allowed be[38]*38cause Morrison has failed to allege how the construction of the wastewater treatment facility will directly and significantly impact him individually. He therefore lacks standing to bring this appeal through an action for certiorari for the following reasons.

In his complaint, Morrison’s complaint alleges that the Commission’s order allowing for the construction of the wastewater treatment facility “violates numerous provisions of the [Bylaw] and its implementing regulations, and otherwise threatens the interests that the Bylaw and the Bylaw regulations seek to protect.” Complaint, ¶13. At best and on its face, this grievance is a generalized one whereby Morrison is asserting that the Commission’s order forces the Town to violate its own Bylaw. In no way does this language within Morrison’s complaint assert how such a purported violation negatively affects him, or how it infringes upon some legal right that he alone possesses. See Marashlian v. Zoning Bd. of Appeals of Newburyport, 421 Mass. 719, 721 (1996) (defining an alleged aggrievement as “some infringement of [a] legal right”).

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Beddall v. State Street Bank & Trust Co.
137 F.3d 12 (First Circuit, 1998)
Mmoe v. Commonwealth
473 N.E.2d 169 (Massachusetts Supreme Judicial Court, 1985)
Barvenik v. Board of Aldermen of Newton
597 N.E.2d 48 (Massachusetts Appeals Court, 1992)
Gibbs Ford, Inc. v. United Truck Leasing Corp.
502 N.E.2d 508 (Massachusetts Supreme Judicial Court, 1987)
Nader v. Citron
360 N.E.2d 870 (Massachusetts Supreme Judicial Court, 1977)
Marashlian v. Zoning Board of Appeals
421 Mass. 719 (Massachusetts Supreme Judicial Court, 1996)
Fairneny v. Savogran Co.
422 Mass. 469 (Massachusetts Supreme Judicial Court, 1996)
Warner-Lambert Co. v. Execuquest Corp.
691 N.E.2d 545 (Massachusetts Supreme Judicial Court, 1998)
Enos v. Secretary of Environmental Affairs
432 Mass. 132 (Massachusetts Supreme Judicial Court, 2000)
Friedman v. Conservation Commission
818 N.E.2d 208 (Massachusetts Appeals Court, 2004)
Sweenie v. Planning Board
868 N.E.2d 1237 (Massachusetts Appeals Court, 2007)

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Bluebook (online)
23 Mass. L. Rptr. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-murphy-masssuperct-2007.