South Boston Betterment Trust Corp. v. Boston Redevelopment Authority

438 Mass. 57
CourtMassachusetts Supreme Judicial Court
DecidedOctober 31, 2002
StatusPublished
Cited by20 cases

This text of 438 Mass. 57 (South Boston Betterment Trust Corp. v. Boston Redevelopment Authority) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Boston Betterment Trust Corp. v. Boston Redevelopment Authority, 438 Mass. 57 (Mass. 2002).

Opinion

Greaney, J.

We transferred this case here on our own motion to decide whether a Boston city councillor, a State representative, and a State senator, acting in their respective capacities as elected officials, may negotiate and execute, with the Boston Redevelopment Authority (BRA), a binding memorandum of understanding (MOU) that created the South Boston Betterment Trust Corporation (trust) and authorized the trust to receive, and then to provide to residents of the South Boston section of Boston, certain community benefits obtained from developers in connection with the convention center project in South Boston. A judge in the Superior Court allowed the defendants’ motions for summary judgment, concluding that the MOU was unenforceable. The judge also concluded that summary judgment was appropriate on the plaintiffs’ claims against the mayor, stemming, essentially, from his alleged disavowal of the MOU and alleged interference with business deals, or prospective business deals, made pursuant to the MOU. We affirm.

The record establishes the following relevant undisputed facts. In 1997, the Legislature authorized the financing and construction of a new convention and exhibition center in South Boston. St. 1997, c. 152, §§ 1, 2. The legislation authorized the BRA to acquire certain land in South Boston and to convey that land to the Massachusetts Convention Center Authority (MCCA) for construction and operation of a convention and exhibition [59]*59center. Id. at §§ 1, 2, 3 (a), 3 (e). All costs incurred by the BRA in acquiring land and other property interests for the convention center were to be borne by the city of Boston. Id. at § 3 (/). The project required, among other conditions, the approval of both the mayor and the city council, by March 11, 1998. Id. at §§ 4 (a), 13 {a).

The mayor approved the project and forwarded its development plan to the city council, which gave the project its initial approval. On March 11, 1998, the then director of the BRA, Thomas N. O’Brien, on behalf of the BRA, executed the MOU with Boston City Councillor James M. Kelly, State Senator Stephen F. Lynch, and State Representative John A. Hart, Jr. (the elected officials). Kelly, Lynch, and Hart signed the MOU in their respective official capacities as elected representatives of the citizens of South Boston. Later that day, the city council gave its final required approval of the project. On March 19, 1998, the BRA formally approved and ratified the MOU at its annual meeting.

The MOU is a six-page document containing five articles. The MOU concerns “benefits to the residents of South Boston,” as these residents “will be most impacted” by the development resulting from the convention center project. The MOU calls for the establishment of “a charitable organization to be known as the South Boston Betterment Trust . . . which . . . shall, in perpetuity, be the beneficiary of community benefits established pursuant to this MOU or to any agreements related to development in the Seaport District.” The MOU provides that the directors of the South Boston Betterment Tmst “shall be residents of South Boston (including but not limited to its elected officials and other neighborhood leaders), selected by such officials and leaders.”

Article 1 of the MOU contains definitions. Article 2 concerns employment and job training, art. 3 concerns housing, and art. 4 concerns zoning and design. Article 5 contains several “miscellaneous” matters, including a statement concerning the document’s “[bjinding [ejffect,” which provides: “This MOU is a legally binding document having the full force and effect of the law between the parties and their successors in office, assignees and agents, and shall be enforceable by the signatories [60]*60hereto in a court of law by equitable relief, but shall create no rights hereunder in any party not a signatory hereto.”

As to employment and job training, the MOU provides, in pertinent part:

“The BRA, working with the Neighborhood Jobs Trust, shall establish an aggregate annual goal of allocating no less than a majority of job linkage deriving from development within the Seaport District pursuant to Article 26B of the Boston Zoning Code, as a community benefit to residents of the Impacted Neighborhood, with the intention that such job linkage promote the job training and employment for residents of the Impacted Neighborhood and provide employment-related education scholarships for students from such Impacted Neighborhood.”

As to housing, the MOU provides, in pertinent part:

“3.1 Housing Linkage. The BRA, working with the Neighborhood Housing Trust, shall establish an annual aggregate goal of allocating no less than a majority of housing linkage deriving from development within the Seaport District pursuant to Article 26A of the Boston Zoning Code, as a community benefit to residents of the Impacted Neighborhood, for the purposes of developing affordable housing in the Impacted Neighborhood and assisting senior citizens, first time homebuyers and others who are residents therein with their housing needs.
“3.3 Encouragement of Site Purchases. The BRA shall use its best efforts, through cooperation agreements or otherwise, to include as a component of community benefits deriving from the Seaport District development a requirement that sites in the Impacted Neighborhood be purchased by the developer on behalf of the Trust for the development of affordable housing in the Impacted Neighborhood.”

Finally, as to zoning and design, the MOU provides, in pertinent part:

“Height Limitation. The BRA shall petition the Boston Zoning Commission to establish in the Seaport District a maximum as-of-right building height of one hundred fifty [61]*61(150) feet. The BRA shall include a height limitation of no more than one hundred fifty (150) feet in its final Master Plan for Seaport District zoning, to ensure the residents of the Impacted Neighborhood that no developer (including, without limitation, the MCCA) may construct a building in the Seaport District in excess of one hundred and fifty (150) feet in height without such developer first (i) completing in the Impacted Neighborhood a public community review process; (ii) executing a written agreement obligating said developer to deliver certain benefits to the Impacted Neighborhood as discussed during the community review process; and (iii) either filing a Development Area development plan or master plan with and acceptable to the [authority] (if such plan is required pursuant to Article 80 of the Boston Zoning Code or the Seaport District Master Plan, in which case the aforesaid benefits agreement shall be incorporated therein), or obtaining a variance or a conditional use permit from the City of Boston Board of Appeal which shall incorporate the aforesaid benefits agreement.”

A little over one year after the MOU’s execution, the trust, a nonprofit charitable corporation, was created as contemplated by the MOU. In accordance with the trust’s bylaws, five designated individuals, one of whom was the mayor, each appointed three members to the trust’s board of trustees.

On May 24, 2000, an article appeared in the Boston Globe newspaper that suggested that the trust and Kelly were being overly aggressive with developers and extorting benefits to enable South Boston to collect a windfall from the development generated by the convention center project.

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

Related

Grafton & Upton Railroad Company v. Burt
Massachusetts Appeals Court, 2026
KENNETH BRESLER v. LYNN MUSTER & Others
Massachusetts Supreme Judicial Court, 2025
Thomas v. Hedderman
D. Massachusetts, 2022
Toney v. Michael Guerriero
D. Massachusetts, 2022
Bache v. Town of Boxborough
D. Massachusetts, 2022
Nasir v. Town of Foxborough
D. Massachusetts, 2020
Crabtree v. Castinetti
122 N.E.3d 1100 (Massachusetts Appeals Court, 2019)
Deluca v. Merner
322 F. Supp. 3d 201 (District of Columbia, 2018)
Deluca v. Merner
D. Massachusetts, 2018
Najas Realty, LLC v. Seekonk Water District
821 F.3d 134 (First Circuit, 2016)
Najas Realty, LLC v. Seekonk Water District
68 F. Supp. 3d 246 (D. Massachusetts, 2014)
Leahy v. Rosenshein
31 Mass. L. Rptr. 687 (Massachusetts Superior Court, 2013)
Bingo Innovative Software, LLC v. Cahill
28 Mass. L. Rptr. 449 (Massachusetts Superior Court, 2011)
Anzalone v. Administrative Office of the Trial Court
932 N.E.2d 774 (Massachusetts Supreme Judicial Court, 2010)
Cachopa v. Town of Stoughton
893 N.E.2d 407 (Massachusetts Appeals Court, 2008)
Fiske v. Town of North Attleboro
22 Mass. L. Rptr. 242 (Massachusetts Superior Court, 2007)
Nelson v. Salem State College
845 N.E.2d 338 (Massachusetts Supreme Judicial Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
438 Mass. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-boston-betterment-trust-corp-v-boston-redevelopment-authority-mass-2002.