Town of Milton v. Massachusetts Bay Transportation Authority

253 N.E.2d 844, 356 Mass. 467, 1969 Mass. LEXIS 727
CourtMassachusetts Supreme Judicial Court
DecidedDecember 4, 1969
StatusPublished
Cited by12 cases

This text of 253 N.E.2d 844 (Town of Milton v. Massachusetts Bay Transportation 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
Town of Milton v. Massachusetts Bay Transportation Authority, 253 N.E.2d 844, 356 Mass. 467, 1969 Mass. LEXIS 727 (Mass. 1969).

Opinion

Spiegel, J.

This bill in equity brought by the town of Milton (town) for declaratory relief under G. L. c. 231A seeks to “determine the powers of the . . . [Massachusetts Bay Transportation Authority (Authority)] with respect to the proposed rapid transit extension from Ashmont to Mattapan.” The trial judge made “Rulings and Order for Decree,” and filed a “Report of Material Facts.” The town appealed from a final decree which, inter alla, dismissed the bill.1 The evidence is reported.

We summarize the findings of the judge. On or about [469]*469August 17, 1966, the' general manager of the Authority, “a body politic and corporate and a political subdivision of the commonwealth/’2 operating various transit systems in the Metropolitan Boston area, submitted a preliminary proposal for expansion of its rapid transit fines to its advisory board (board) which consists of representatives of seventy-nine participating cities and towns. This program was approved on September 15, 1966. A staff supplementary report was also submitted in 1966. On or about February 28, 1968, the Authority submitted to the board a proposed revision of the master plan “at which time the . . . Board was duly notified that the . . . Authority sought its approval.” “[T]he decision of the . . . Authority to advance its proposal of expansion was arrived at after consultations with the agencies required by General Laws Chapter 161A. Included in these consultations were the Public Works Commission, the Department of Commerce and Development, and the Metropolitan Area Planning Council.”

On February 29, 1968, at a meeting of the board attended by thirty-nine of the seventy-time board members, “the proposal was fully discussed . . . and 37 of those present voted affirmatively for the proposal.”3 At this time, the board was also informed that additional land would be required at the Mattapan location. Of those members present at the board meeting “the . . . [representative of the] Town and another member were the only . . . [ones] voicing and voting in opposition to the proposal.” “[T]he proposed expansion and the plan to relocate the yards of the . . . Authority at the Mattapan terminus was a matter of wide common knowledge . . . [and] prior to February 15, 1968, the . . . Town . . . [was] advised of the proposed . . . relocation.” Those members of the board voting in the affirmative were sufficient in number to assure the “ap[470]*470proval of the proposal according ,to the By-laws of the Advisory Board.”4

After the board’s approval, the proposal was submitted to and approved by the board of directors of the Authority. Within thirty days after the board’s approval of the master plan revision “the Metropolitan Area Planning Council advised the . . . Authority in writing that the program was not based on the transportation plans and programs adopted by the Public Works Commission.” On or about August 16, 1968, the program was approved by the Governor of the Commonwealth.

The town contends that the judge’s finding that “'the . . . Board was duly notified that the . . . Authority sought its approval [of the revised master plan]’ is not warranted on the evidence.” However, the record does not support this contention. On February 20, 1968, in conformity with the by-laws of the board, the acting chairman, Lincoln P. Cole, Jr. (chairman) gave the board membership notice of a meeting scheduled for February 29, 1968. He informed the membership that the purpose of the meeting would be to act upon certain supplementary budgets of the Authority, to elect board officers and executive committee members, and to consider “any other matter which may properly come before the . . . Board.” On February 29, 1968, a copy of the proposed revision (revision), submitted for board approval by Authority General Manager, Leo J. Cusi'ck, was handed to each board member as he entered the meeting room. One of the board members made a motion to approve the revision and the motion was seconded.- The chairman then requested Cusick to explain the major features of the revision. Following Cusick’s explanation, the town’s representative voiced its opposition to the Authority’s revision and engaged in a lengthy analysis of the revision’s lack of merit, the difficulties that would arise and the unnecessary expense that would be incurred in implementing that revision. The town’s representative then moved to have the [471]*471revision referred to the board’s development committee for further study and a report to the board within thirty days. The chairman ruled this motion out of order, since a prior motion was before the board and had not yet been resolved. The town’s representative took no appeal from the chairman’s ruhng.

At no time did the town object to lack of proper notice or state that it had insufficient opportunity to prepare its objections to the revision. In fact, we are unable to discern any basis for such an objection. The town was fully aware of the proposed revision and had met with Cusick on two previous occasions to discuss the revision. The town demonstrated its preparation in opposition to the revision in a letter of its selectmen to Cusick dated February 5, 1968, and at the board meeting when its representative cited several instances where the Authority allegedly had not complied with the requirements of G. L. c. 161A, § 5, in preparing the revision for board approval.

The purpose of notice is to inform the party in interest with reasonable particularity of the proposed action so that he can reasonably prepare his arguments. Manchester v. Selectmen of Nantucket, 335 Mass. 156, 158-159. See Rousseau v. Building Inspector of Framingham, 349 Mass. 31, 37. The record plainly discloses that the town had both actual notice of the revision and an opportunity to argue against the adoption of the revision.

In any event, the sole statutory provision requiring the Authority to give notice in its dealings with the board is G. L. c. 161A, § 7, which reads as follows: “Any notice or submission hereunder to the advisory board or to the sixty-four cities and towns or to the fourteen cities and towns shall be given in such manner as the governor or authority deems reasonable.” Cusick, on behalf of the Authority, complied with this provision on February 28, 1968, by personally delivering to the board secretary, Paul E. McBride, a letter which contained a summary of the Authority’s revision and a request for the board’s approval thereof. The means by which the board subsequently gave its members notice that [472]*472the revision would be on the .agenda for February 29, 1968, was not the concern- of the Authority. Any defect in the board’s notice to its members should not be imputed to the Authority. Such defect does not render the Authority’s notice to the board invalid as the plaintiff maintains.

Since the agenda for the board meeting of February 29, 1968, included the annual election of board officers and executive committee members, the Authority could reasonably believe that the revision would reach the hands of all interested and participating board members.

The town claims that G. L. c. 161A, § 5 (d),5

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Bluebook (online)
253 N.E.2d 844, 356 Mass. 467, 1969 Mass. LEXIS 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-milton-v-massachusetts-bay-transportation-authority-mass-1969.