Coleman v. Boston Redevelopment Authority
Coleman v. Boston Redevelopment Authority
Opinion of the Court
Toward carrying out the “Convention Center Project” (the construction of a Boston convention and exhibit center), St. 1997, c. 152, authorized the Boston Redevelopment Authority (BRA) to acquire by purchase or eminent domain some thirty parcels of land, comprising about sixty acres in South Boston. BRA made successive eminent domain takings;
Thereafter, on November 9, 1999, the plaintiff in the present action, Robert L. Coleman, a real estate appraiser, wrote to BRA requesting, pursuant to the Massachusetts freedom of information law known as the Public Records Act (G. L. c. 66, § 10, read together with G. L. c. 4, § 7, Twenty-sixth), that BRA produce, for inspection and copying, a range of the documents in its possession related to the Pappas property’s acquisition and settlement. The plaintiff’s letter called attention to c. 4, § 7, Twenty-sixth (z) (exemption [z]), an exemption of real estate appraisals in official hands from required disclosure upon certain conditions, and stated that the exemption of the Pappas property appraisals was at an end because a final agreement regarding this property had been entered into. BRA through its counsel replied on February 18, 2000. It declined to produce the Pappas property appraisals (as well as documents integrally related to the appraisals), asserting the view that the exemption continued until all the parcels in the project had similarly come to rest by agreement (or by closure of litigation). In fact BRA did produce for Coleman a considerable number of documents involving the Pappas property, but it has withheld the appraisals (and, presumably, any integrally related documents).
Having had no response from BRA by January 20, 2000, the plaintiff had written on that date to the supervisor of public records (in the office of the Secretary of the Commonwealth) asking the supervisor to open an “appeal” in the matter of the plaintiffs demand on the BRA, see G. L. c. 66, § 10(h).
On April 11, 2000, the supervisor wrote to BRA setting out his opinion and directing BRA to produce the appraisals as requested. BRA still demurred. Accordingly, the supervisor
Coleman commenced the present action in the nature of certiorari in Superior Court against BRA on December 12, 2000. Upon Coleman’s motion for summary judgment, the court held, with opinion, in his favor, and by judgment on findings ordered BRA to comply with the orders of the supervisor and the Attorney General. BRA appeals to our court.
1. The Public Records Act adopts a broadly compendious definition of the documents and other records and things in official custody
“appraisals of real property acquired or to be acquired until (1) a final agreement is entered into; or (2) any litigation relative to such appraisal has been terminated; or (3) the time within which to commence such litigation has expired.”
G. L. c. 4, § 7, Twenty-sixth (i), as amended through St. 1996, c. 450, § 2.
On its face by natural reading this formulation looks to a temporary exemption for each singular appraisal as related to the particular parcel, not any connected or abutting property or other property simultaneously or later acquired; the formulation is not directed to nor does it cover or deal with appraisals as a collective comprising all the appraisals for all the parcels in a project. Any interpretation in the latter style would have the effect of extending the duration of the exemption for all apprais
With experience over a period of some thirty years in administering the statute including claims of exemption,
“You have also suggested that the phrase ‘any litigation relative to such appraisal has been terminated’ relates to all Convention Center site properties rather than the appraisal for the property which is the subject of Mr. Coleman’s request. I must disagree with your interpretation. The language of the exemption specifically refers to the property which is the subject of the appraisal, not to properties which are related to the same project. . . . Accordingly, as the purchase agreement of the property which is the subject of the appraisal has already been entered into, exemption (i) will not permit [BRA] to withhold appraisals of that property.”
The opinion of the Attorney General was to the same effect, treating appraisal reports under the statute as “parcel specific.”
The supervisor’s view was not newly minted for the present case; it has been earlier maintained.
Reinforcing the decisions herein by the supervisor, the Attorney General, and the judge, are the propositions that a record in public hands is presumed to be public within the Public Records Act, see G. L. c. 66, § 10(c); Worcester Telegram & Gazette Corp. v. Chief of Police of Worcester, 436 Mass. 378, 382-283 (2002); the burden is laid on the custodian to overcome the presumption by “prov[ing] with specificity the exemption which applies,” G. L. c. 66, § 10(c), as amended by St. 1973, c. 1050, § 3; General Elec. Co. v. Department of Envtl. Protection, 429 Mass. 798, 801 (1999); especially in the light of the presumption, the exemptions are narrowly construed, see id. at 801-802, citing Attorney Gen. v. Assistant Commr. of Real Property Dept. of Boston, 380 Mass. 623, 625 (1980); the reference to “any person” in § 10(a) means there is no requirement of “standing” by the person who requests production of records or any issue about the person’s motives or purpose in making the request. Pottle v. School Comm. of Braintree, 395 Mass. 861, 866 n.6 (1985).
2. BRA has no plausible response to the foregoing appreciation of exemption (z) as applied to the present case. BRA suggests that even where clause (1) is satisfied by the occurrence of a final agreement, clause (2) continues the exemption in ef
BRA argues in vain from the 1979 amendment of the exemption (zj. As originally enacted in 1973, the exemption read:
“appraisals of real property to be acquired until (1) an agreement is entered into; or (2) three years have elapsed since the making of the appraisal, or until any litigation relative to such appraisal has been terminated, whichever occurs first.”
G. L. c. 4, § 7, Twenty-sixth (z), as appearing in St. 1973, c. 1050, § 1. The difficulty with the “three years” as a basis for terminating the exemption was that by that period of time there would often have been no closure for a given parcel. Production of the appraisal in midstream would be premature and could put the Commonwealth to a possible disadvantage in confronting the particular owner who might squirrel away his own appraisals without limit of time. Just this problem with the 1973 text was recognized in a recommendation from the supervisor to the Governor’s legislative office that the Governor approve the bill that emerged with the Governor’s signature as St. 1979, c. 230, of June 1, 1979 — setting the present text.
BRA cites other authorities. The Supreme Court of New Hampshire in Perras v. Clements, 127 N.H. 603, 604-606 (1986), used a “balancing” test in applying an exemption under the State’s “right-to-know” law. The exemption did not mention appraisals; it spoke of “confidential, ... or financial
In Black v. Department of Transp., 262 Ga. 342, 342 (1992), the question was whether an exemption from the Georgia open-records law, for “[r]eal estate appraisals . . . made for or by the State . . . relative to the acquisition of real property until such time as the property has been acquired,” extended, as the court said, “through the condemnation process or end[ed] upon [the taking authority’s] payment into court of its valuation of the property.” The court adopted the former alternative, yielding the longer period of exemption lasting until the completion of acquisition (including litigation), as distinguished from the period to the date of the pro tanto payment. Id. at 343. This is consistent with our exemption (z).
BRA refers to a case in Superior Court where the judge intimated it was possible in imaginable circumstances that a party might compel an adversary in litigation to provide discovery of a document whose production could not otherwise be compelled under the Public Records Act because exemption (z) had not yet expired. There is other authority that a public agency may not, by characterization as “work product,” withhold documents whose production is compellable under the terms of the Act. General Elec. Co. v. Department of Envtl. Protection, 429 Mass. at 801. A discussion of possible relationships between discovery and the Public Records Act would take us far afield and would not assist in deciding our immediate case.
To conclude: Having struggled without success against the
Judgment affirmed.
General Laws c. 4, § 7, Twenty-sixth, as amended by St. 1973, c. 1050, § 1, provides: “ ‘Public records’ shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, unless such materials or data fall within the following exemptions . . . .”
The basic legislation, enacted in 1973, St. 1973, c. 1050, is mentioned infra.
The discussion of the Public Records Act by Professor Celia supports this view, see Celia, Administrative Law & Practice § 1162, at 489-490 (1986); id. at § 1172, at 569-570.
See the supervisor’s recommendation to the Governor in 1979, mentioned infra, and the supervisor’s opinions in case nos. SPR 95-097, SPR 99-397, and SPR 99-398.
It is indicated that the plaintiff Coleman may figure as an expert on the part of some owners whose parcels have been taken but whose claims for compensation are still open. Coleman’s motives or purpose in seeking disclosure of the Pappas appraisals are not to be considered, but of course this does not exclude consideration of the meaning or scope of the appraisals exemption (i).
An immaterial change in punctuation was effected by St. 1996, c. 450, § 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.