Higgins v. City of Springfield
Higgins v. City of Springfield
Opinion of the Court
The front footage charge was established in the following manner. In 1980, the board authorized the assessment of a front footage charge upon property owners who might wish to hook up with the city’s water mains that had been laid on or after February 12, 1952. The charge was to be effective on January 1, 1981. It was to be computed by multiplying by $8.00 the number of feet that an owner’s property fronted on the city’s main bordering the property.
The city argues that authorization for the imposition of the front footage charge derives from St. 1872, c. 345, as amended by St. 1880, c. 30 § 4, and ordinances enacted pursuant to those laws. Statute 1880, c. 30, provides in pertinent part that the city may by ordinance regulate the use of water and “prescribe the mode of collecting all water rents and other money that may become due the city on account of the water department. . . .” Pursuant to the above legislation, the city enacted an ordinance which authorized the board of water commissioners to promulgate rules and regulations regarding the “ introduction and use of city water and payment therefor[ ], and for the . . . construction ... of all water pipes ... of every kind . . . .”
Our reading of the statutes relied on by the city leads us to the conclusion that they did not confer any authority on it to impose a front footage charge. The statutes permit the city to fix water rates and collect money from the
So ordered.
In this case the plaintiff’s property had 90 feet in frontage along the street. Hence, the charge was $720.
There was also an additional charge for installation of a water meter.
Revised Ordinance c. 28, § 9, codified as Revised Ordinances of Springfield, c. 25, § 5.
The city does not contend that G. L. c. 40, §§ 42G-42I, applies in this matter. Because the statute was accepted long after the installation of the water main, it cannot be used as authority for the charge levied here. See Berriault v. Wareham Fire Dist., 360 Mass. 160, 164-165 (1971).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.