429 Mass. 329 | Mass. | 1999
We granted the plaintiffs’ application for direct appellate review in this case to consider the propriety of a preliminary injunction entered in the Superior Court. The injunction enjoined the defendants, Ernest A. Plante, Jr., ar.d Dolores A. Plante (defendants), and the intervener, the Woods Hole,
The background of the case is as follows. The Authority was created by St. 1960, c. 701, as a “public instrumentality” which is to “provide adequate transportation of persons and necessaries of life for the islands of Nantucket and Martha’s Vineyard.” St. 1960, c. 701, §§ 1, 3. The Authority’s principal offices are located in Woods Hole which is also the mainland terminal for its passenger services to Martha’s Vineyard. Over the past thirty years, demand for the Authority’s service to Martha’s Vineyard has risen dramatically, from carrying 432,478 passengers, 82,897 automobiles, and 9,792 trucks in 1965, to carrying 2,139,599 passengers, 368,539 automobiles, and 64,777 trucks in 1995.
Providing adequate parking on the mainland for its patrons who do not take their motor vehicles to the islands has been a persistent problem for the Authority. When the Authority was created in 1960, it owned only one parking lot in Woods Hole. Over the years, as traffic and the number of patrons have dramatically increased, the Authority has purchased or leased additional property in Falmouth and has provided shuttle bus service for its passengers between its off-site parking lots and the Woods Hole terminal.
In 1995, the Authority found that its Woods Hole and Falmouth parking facilities were inadequate to meet its needs during the peak summer weekends. Patrons who were unable to park their vehicles at the Authority’s lots left them on side roads or circled through the streets of Falmouth and Woods Hole. The problem came to a head during the 1995 Independence Day weekend, when all of the Authority’s lots quickly filled up and passengers continued to arrive in unprecedented numbers. The principal route to the Woods Hole terminal, Woods Hole Road, became “an extended parking lot” and “bottlenecked traffic all but closed Water Street” as well. “Tempers flared early and often throughout the day,” while passengers waited ninety minutes in shuttle buses to travel the final one-quarter mile to the terminal.
The Authority proceeded to take immediate steps to address its parking needs by searching for a suitable location on the
Until the Authority obtains approval of a parking facility at the military reservation or somewhere else having similar location and size, it must use smaller parking facilities to satisfy the needs of its patrons. To this end, the Authority has leased two properties in Bourne for weekend overflow parking. On March 6, 1998, the Authority executed a lease with the defendant, Ernest A. Plante, Jr., for a term commencing on May 10, 1998, and ending on September 10, 1998, to use Plante’s property at 169 Clay Pond Road in Bourne (comprising about six acres) for weekend overflow parking.
Efforts to resolve the controversy were unsuccessful, and on July 31, 1998, the plaintiffs filed a verified complaint in the Superior Court alleging that the defendants had violated certain provisions of the Bourne zoning bylaw by leasing the site for an unlawful parking use, and by filling and clearing the lot in violation of the approved site plan. The Authority was permitted to intervene in the case. After hearing, a judge in the Superior Court entered a preliminary injunction enjoining the use of the leased property for parking. The Authority filed a petition for interlocutory relief from the preliminary injunction with the Appeals Court pursuant to G. L. c. 231, § 118, first par. After hearing, a single justice of the Appeals Court entered an order vacating the preliminary injunction. The plaintiffs filed a timely appeal from the order of the single justice, and we granted their application for direct appellate review.
“[Ajn entity or agency created by the Massachusetts Legislature is immune from municipal zoning regulations (absent statutory provision to the contrary) at least in so far as that entity or agency is performing an essential governmental function.” County Comm’rs of Bristol v. Conservation Comm’n of Dartmouth, 380 Mass. 706, 710 (1980) (Bristol). The scope of the immunity is broad and applies not only to property and facilities owned by the entity or agency, but also to leased property and facilities. Id. at 713. The immunity extends beyond the “essential governmental function” to cover “action reasonably related to that function” so that the agency’s or entity’s public mission is not “prevented by a zoning statute applicable to one municipality or by a local zoning ordinance or by-law.” Village on the Hill, Inc. v. Massachusetts Turnpike Auth., 348 Mass. 107, 118 (1964), cert. denied, 380 U.S. 955 (1965).
As mentioned, the Authority is a public instrumentality which has been directed by the Legislature “to provide adequate transportation of persons and necessaries of life for the islands of Nantucket and Martha’s Vineyard.” St. 1960, c. 701, § 1. To this end, the Legislature has expressly granted the Authority the power to (1) “acquire, maintain, repair and operate a boat fine,” id. at § 4 {a), as amended by St. 1965, c. 437; (2) “acquire, hold and dispose of real and personal property ... for its corporate purposes,” id. at § 4 (<?); (3) “make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under
The plaintiffs would have us conclude that the Authority has only a narrow governmental purpose which must focus solely on the needs of the permanent residents and economies of Martha’s Vineyard and Nantucket and not on the needs of summer residents, tourists, and others who make use of the Authority’s services. This interpretation is based on a stunted reading of the Authority’s enabling legislation and overlooks pertinent precedent.
In New Bedford v. New Bedford, Woods Hole, Martha’s Vineyard & Nantucket S.S. Auth., 330 Mass. 422, 428 (1953) (New Bedford), we discussed the purpose of the predecessor entity to the Authority. We noted that the permanent populations of the islands are small, that “[n]either island is industrialized,” that “[n] either can boast of any considerable amount of general agriculture or of natural resources,” and that “[n]either produces enough to supply its inhabitants more than a small fraction of the necessities of civilized living.” We stated that “both islands enjoy a summer climate which, together with ample means of recreation on land and sea, has attracted a great many people as summer visitors, so that the entertainment of vacationists has become a large industry.” Id. We went on to say the following: “It is apparent, however, from facts of common knowledge and may be taken as established, that the volume of business handled by the [Ajuthority, as to both passengers and freight, is and will remain highly seasonal in character, varying from the needs of a small permanent population on the islands in the winter to the needs of a summer population many times larger. It is further apparent that steamboat service is vital to the economic survival of the islands at all seasons, but is not a matter of life or death to either Falmouth or [other mainland municipalities].” Id. at
In 1973, the Appeals Court and this court commented on the Authority’s parking needs. In Ballantine v. Falmouth, 1 Mass. App. Ct. 47, 48 (1973), in reversing a Superior Court decree, the Appeals Court stated that the Authority “has always had a need to provide parking spaces for those of its patrons who leave their automobiles on the mainland while traveling to and from the islands.” The Appeals Court then went on to state that “it would seem that the . . . [Authority enjoys a . . . power to acquire and operate off-street parking facilities for use by that portion of the general public which patronizes its ferry facilities.”
There is no question that the Legislature has entrusted exclusive management of the boat line to the Authority, and that the Authority’s management power “includes, as it must in the case of any transportation enterprise, power to adapt the service furnished to the amount of traffic offered.” New Bedford, supra at 431. Based on the provisions of the legislation conferring broad management power on the Authority, the statutory provision permitting the Authority to acquire real property and to enter into contracts and agreements, the statutory provision conferring on the Authority the ability to “do all acts and things necessary or convenient to carry out [its] powers,” St. 1960, c. 701, § 4 (g), the further statutory provision requiring that the powers granted to the Authority to execute its mission be
The preliminary injunction entered.in the Superior Court is vacated, and the case is remanded to that court for further proceedings.
So ordered.
The lease has expired, but no one has suggested the case has become moot undoubtedly because the question presented is an important one which will arise again when the Authority seeks to resolve systemic parking problems by leasing private property during seasonable peak times and local municipalities assert the right to make their zoning ordinances or bylaws applicable to the leases.
Our decision in Ballantine v. Falmouth, 363 Mass. 760 (1973), affirmed the Superior Court decision on a point not applicable to this case.