Smith, et al. v. City of Westfield, et al. (Lawyers Weekly No. 111-08-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-773 Appeals Court VIRGINIA B. SMITH & others[1] vs. CITY OF WESTFIELD & others.[2] No. 15-P-773. Hampden. April 14, 2016. – August 25, 2016. Present: Green, Trainor, & Milkey, JJ. Municipal Corporations, Parks, Use of municipal property. Parks and Parkways. Constitutional Law, Taking of property. Due Process of Law, Taking of property. Civil action commenced in the Superior Court Department on April 27, 2012. The case was heard by Daniel A. Ford, J. Thomas A. Kenefick, III (Mary Patryn with him) for the plaintiffs. Anthony I. Wilson (John T. Liebel with him) for the defendants. TRAINOR, J. The plaintiffs, Virginia B. Smith and other Westfield residents (collectively, residents), appeal from a judgment for the defendants, the city of Westfield and others (collectively, Westfield), which vacated a preliminary injunction that, in effect, prohibited a school construction project at the John A. Sullivan Memorial Playground (playground).[3] The residents challenge the judgment for two reasons. First, they argue that the playground was sufficiently dedicated to invoke the protection of art. 97 of the Amendments to the Massachusetts Constitution, notwithstanding the fact that no documents were ever recorded that dedicated the land for art. 97 purposes.[4] Second, the residents contend that the judge erred in concluding that a Statewide comprehensive outdoor recreation plan (SCORP) contradicts Mahajan v. Department of Envtl. Protection, 464 Mass. 604 (2013). We affirm, as we conclude that the playground has not been designated for an art. 97 purpose in a manner sufficient to invoke its protection. Background. This matter came before a Superior Court judge on cross motions for judgment based on an agreed statement of facts. We summarize those facts, reserving some facts for later discussion. On November 13, 1939, Westfield took title to the land in question for the purpose of satisfying a tax debt pursuant to G. L. (Ter. Ed.) c. 60, §§ 53 and 54. In 1957, Westfield passed an ordinance recognizing the land as a playground and naming it the John A. Sullivan Memorial Playground. In 1979, the Federal Land and Water Conservation Fund (LWCF) awarded Westfield a grant that, in part, was used to upgrade the playground. A SCORP was required for Westfield to be eligible for that grant. See 16 U.S.C. § 460l-8(d) (1976).[5] The SCORP, which the residents assert applies to this matter, states: […]