356 Mass. 467 | Mass. | 1969
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.
We summarize the findings of the judge. On or about
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.”
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
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
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),
The town further contends that the rulings of the judge, “that the . . . [revision] was based on the transportation plans and programs adopted by the public works commission and that there were consultations by the . . . [Authority] with the Department of Commerce and Development, the Metropolitan Area Planning Council and such other agencies ... as were concerned with the program as required by . . . [G. L. c.] 161A, section 5 (g),”
In determining whether the revision was based on the transportation plans and programs adopted by the Public Works Commission, the judge was justified in relying on the vote of that commission which implied that it believed the revision was based on its required plans and programs.
The town in its attempt to show that the Authority has not satisfied the consultation requirements of § 5 (g) con
While a word may have more than one meaning we are not compelled to adopt the most restrictive definition. We note, in addition, that Webster’s New International Dictionary, 3d ed., Unabridged, p. 490,
We do not agree with the town’s contention that the revision did not comply with the requirement of § 5 (g) that it include “comprehensive financial estimates of costs and revenues.” From Cusick’s testimony it appeared that the revenue of the Authority’s mass transportation program would remain constant, even with the construction of a new Mattapan line as proposed by the revision. The revenue estimates were available in the master plan and no purpose would be served by submitting them with the revision. Additionally, the cost estimates annexed to the revision were sufficient to permit the judge to find that
The town’s claim that the letters from Governor John A. Yolpe and Davidson of the Metropolitan area planning council were improperly admitted in evidence because they were written after the commencement of the suit is without merit.
The final decree is to be modified by striking out the eighth provision dismissing the bill, and as so modified is affirmed with costs of appeal.
So ordered.
The final decree reads as follows: “1. That the program of the . . . [defendant] for the extension of rapid transit to Mattapan was based upon transportation plans and programs adopted by the public works commission pursuant to Section 3A of Chapter 16 of the General Laws and was prepared in consultation with the department of commerce and development, the metropolitan area planning council and such other agencies of the Commonwealth or of the federal government as were concerned with the program as required by Chapter 161A, Section 5 (g) of the General Laws. 2. That the aforesaid program was duly approved by the advisory board of the Massachusetts Bay Transportation Authority on February 29, 1968. 3. That within thirty days following such approval the metropolitan area planning council advised the . . . [defendant] in writing that the program was not based on the transportation plans and programs adopted by the public works commission. 4. That the program was thereafter duly approved by the Governor of the Commonwealth as required by Chapter 161A, Section 5 (g) of the General Laws. 5. That the . . . [defendant] has legally complied with Chapter 161A of the General Laws and its action is valid. 6. That the . . . [defendant] has not acted arbitrarily, capriciously or whimsically in promoting and furthering its program. 7. That the matter in issue is administrative in scope. 8. That the . . . [plaintiff’s] Bill of Complaint is to be dismissed.”
G. L. c. 161A, § 2, inserted by St. 1964, c. 563, § 18.
Under the method set out by G. L. c. 161A, § 7, the total weight vote_ of the board is 195.00. The weighted vote of those board members voting tiffirmatively.for the revision was. 152.4501. Those voting against the revision, the representatives of the town and Randolph, had a weighted vote of only 2.9182.
See G. L. c. 161A, §7.
“Excluding any loss suffered in the operation of commuter railroad service and the Highland Branch and Mattapan high speed services while operated and equipped with streetcars, the authority shall operate its express service, so far as practicable, in such a manner that no net cost of service exclusive of debt service shall arise on account of such express service in any year. In addition the authority shall'operate all its services in such manner as to produce the highest return consistent with the authority’s obligations under subsection (a).”
“No substantial change in mass transportation service in the area constituting the authority shall be made unless notice thereof shall have been given to the advisory board at least thirty days prior to the change.”
“The authority shall prepare and from time to time revise its program for mass transportation within the area constituting the authority. Such program^shall be based upon transportation plans and programs adopted by the public works commission pursuant to section three A of chapter sixteen, shall be prepared in consultation with the department of commerce and development, the metropolitan area planning council, and such other agencies of the commonwealth or of the federal government as may be concerned with the said program, and shall be subject to the approval of the advisory board; provided, however, that if within thirty days following such approval any such agency shall advise the authority in writing that the program is not based on the transportation plans and programs adopted by the said commission, the program shall be subject to the approval of the governor. The said program shall include a long-range plan for the construction, reconstruction or alteration of facilities for mass transportation within the area constituting the authority together with a schedule for the implementation of such construction plan and comprehensive financial estimates of costs and revenues, and shall, so far as practicable, meet the criteria established by any federal law-authorizing federal assistance to preserve, maintain, assist, improve, extend or build.local, metropolitan or regional' mass transportation facilities or systems.”
The definitions are as follows: “[C]onsultation” — “1 : a council or conference (as between two or more persons) to consider a special matter . . . 2 : the act of consulting or conferring : deliberation of two or more persons .on some matter.” “[C]onsult” — “1 obs a : to deliberate on : discuss . . . 2 a : to ask advice of : seek the opinion of . . . 3 : to have prudent regard to : have an eye to : consider . . . : to take counsel : deliberate together : CONFER.”