W.R. Grace & Co.-Conn. v. Town of Acton
W.R. Grace & Co.-Conn. v. Town of Acton
Opinion of the Court
The plaintiff, W.R. Grace & Co.-Conn. (Grace), owner of property in the town of Acton, appeals from the dismissal in the Superior Court of its complaint challenging Acton’s imposition of an estimated sewer betterment assessment. That complaint, filed on May 23, 2001, sought injunctive relief and a declaration that the by-law under which Acton assessed the betterment charge is invalid. Acting on the parties’ cross motions for summary judgment, the trial court judge allowed Acton’s motion, denied Grace’s motion, declared the sewer as
1. Background. Pursuant to G. L. c. 83, § 15, Acton adopted a sewer assessment by-law in 1998 and amended it in 1999. Both actions were approved by the Attorney General. In February, 2001, Acton applied the by-law in assessing property owners in a sewer district to be served by construction of the Middle Fort Pond Brook Sewer Project in order to recover a portion of construction costs. Because the project had not been completed at that time, the assessments were estimated at somewhat less than half of the accumulated cost of construction. See G. L. c. 83, § 15B.
On appeal, Grace contends that the judge erred in concluding that (1) Acton’s by-law setting forth its method for calculating Grace’s proportional share of the costs of construction was consistent with G. L. c. 83, § 15, and was valid on its face under the Home Rule Amendment (art. 89, § 6, of the Amendments to the Massachusetts Constitution) and (2) Grace’s allegation that it was improperly assessed for services that Acton could not provide was premature. For the reasons that follow, we affirm the Superior Court judgment.
2. Discussion, a. Validity of the by-law. After 1978, municipalities were authorized to use not only a “fixed uniform rate” but also a “uniform unit method” by G. L. c. 83, § 15, inserted by St. 1978, c. 214, in assessing owners of land for a “proportional part of the charge of making and repairing” common sewers. G. L. c. 83, § 14. Randall & Franklin, Municipal Law & Practice § 1540 (4th ed. 1993 & Supp. 2004). Rather than making assessments based upon frontage and area as required by the fixed uniform rate, see G. L. c. 83, § 15, as amended by St. 1996, c. 450, § 132, cities and towns could also make assessments “based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the cost of special and general benefit facilities” as required by the uniform unit method. G. L. c. 83, § 15, as inserted by St. 1978, c. 214. That method entails the following: “Each sewer unit shall be equal to a single family residence. Potential sewer units shall be
Acton’s by-law incorporates the uniform unit method. Because Grace’s property is undeveloped, nonresidential, and zoned for business use, Acton was required to calculate sewer units based upon residential equivalents on which an assessment could then be based.
In determining whether the by-law is valid, we begin by recognizing that Acton was granted by G. L. c. 83, § 15, the authority to make assessments in accordance with either the “fixed uniform rate” or the “uniform unit method.” In doing so, the Legislature was acting within its authority “to make an apportionment of the cost of improvements upon . . . estates receiving peculiar advantages above those accruing in general, by methods requiring that assessments be proportional and founded on and not in excess of special benefits.” Mullen v. Sewer Commrs. of Milton, 280 Mass. 531, 533 (1932), and cases cited. The constitutionality of prior versions of such betterment statutes has been upheld on many occasions. Id. at 533-534. See generally 14 McQuillin, Municipal Corporations § 38.121 (3d rev. ed. 1998). Nothing appears in the wording of the uniform unit method set forth in G. L. c. 83, § 15, which indicates that its constitutionality is doubtful.
Because G. L. c. 83, § 15, authorizes cities and towns to make sewer betterment assessments under their ordinances or by-laws, there is clearly no “legislative intent to preclude local action.” Bloom v. Worcester, 363 Mass. 136, 155 (1973). See Fafard v. Conservation Commn. of Barnstable, 432 Mass. 194, 200-201, 203 (2000). Accordingly, the issue before us is whether Acton exceeded its powers, granted under the Home Rule Amendment, by enacting a by-law inconsistent with the Constitution or laws of the Commonwealth. See Beard v. Salisbury, 378 Mass. 435, 440 (1979).
It is obvious from an inspection of the formula adopted in Acton’s by-law that the fundamental criteria set forth in G. L. c. 83, § 15, to be considered in calculating equivalent potential sewer units for a commercial property, i.e., conversion based on
Finally, we determine that the by-law will not frustrate the statutory purpose of proportionality expressed in G. L. c. 83, § 15: “A uniform unit method shall be based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the cost of special and general benefit facilities.” Because the by-law formula is grounded in flow rates for the conversion of commercial uses into equivalent residential sewer units, it is clear that the costs are calculated in proportion to the benefits conferred.
Accordingly, no reason appears to indicate that assessments made under Acton’s by-law will not be reasonable and proportional. Compare Sears v. Aldermen of Boston, 173 Mass. 71, 79-80 (1899). For these reasons, we conclude that the Acton by-law is facially valid.
Judgment affirmed.
Acton assigns a flow rate to a three-bedroom, single-family residential unit of 300 gallons per day, which equals one sewer unit under the statute, and assigns 75 gallons per day per 1,000 square feet as the flow rate for commercial property. Thus, a business would encompass 4,000 square feet of floor space for every sewer unit. These figures were derived from consideration of actual flow rates in the sewer district and sewage flow design criteria from the regulations at 310 Code Mass. Regs. § 15.203 in Title 5 of the Massachusetts Environmental Code (1996). Based on these determinations, Acton calculates the number of sewer units to be used for assessment purposes on the following formula: the number of sewer units equals the maximum floor area ratio under the then existing zoning by-law times the lot size, the result of which is divided by 4,000.
As a procedural matter, the judge, in her discretion, properly considered the case presented by the cross motions for summary judgment as one request
These requirements are incorporated in section 8 of Acton’s by-law: the “provisions of the General Laws relative to the assessment, apportionment, division, re-assessment, abatement and collection of sewer assessments and to liens therefore and interest thereon shall apply to assessment made hereunder.”
Grace elected, pursuant to St. 2000, c. 340, to make quarterly payments over a thirty-year period, and those payments totaled $95,105.88 as of November 7, 2002.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.