Begley v. Board of Appeal of Boston
Begley v. Board of Appeal of Boston
Opinion of the Court
Under St. 1924, c. 488, § 19, as amended through St. 1941, c. 373, § 18, the plaintiffs by a bill in equity appealed to the Superior Court from a decision of the board of appeal of Boston. The plaintiffs filed a motion that the court ‘1 establish the amount and terms of such bond as is required to be filed.” The court, after a hearing, ordered that such bond, to be filed “on or before October 13, 1964,” be “in the sum of . . . $15,000.00 . . . with sufficient sureties.” The plaintiffs excepted to this order. On October 16, 1964, the court entered a final decree dismissing the plaintiffs’ bill on the ground that they “failed to file a bond in the sum of $15,000.00 on or before October 13,1964.” The plaintiffs appealed from this decree.
Statute 1924, c. 488, § 19, as amended through St. 1941, c. 373, § 18, provides: “Any person aggrieved by a decision of the board of appeal [of Boston] . . . may appeal to the superior court sitting in equity, for the county of Suffolk
..... The foregoing remedy shall be exclusive, but the parties shall have all the rights of appeal and exception as in other equity cases. The person applying for the review shall file a bond with sufficient surety, to be approved by the court, for such a sum as shall be fixed by the court, to indemnify and save harmless the person or persons in whose favor the decision was rendered from all damages and costs which he or they may sustain in case the decision of said board is affirmed.” The plaintiffs contend that the bond requirement imposed upon them under this section violates the equal protection clause of the Fourteenth Amendment since G-. L. c. 40A, § 21, as amended through St. 1960, c. 365, permitting appeals to the Superior Court from boards of appeal of cities and towns other than Boston, contains no such provision.
We assume that the plaintiffs have standing to challenge the constitutionality of the bond requirement. Compare Bogigian v. Commissioner of Corps. & Taxn. 248 Mass. 545, 547; Shemeth, v. Selectmen of Holden, 317 Mass. 278, 280-281. The plaintiffs’ contention is nevertheless without merit. “The equal protection clause of the Fourteenth
Decree affirmed.
Dissenting Opinion
dissenting. The statute in terms makes it a condition of an appeal in Boston that there be a bond indemnifying the person in whose favor the decision was rendered “from all damages and costs which he . . . may sustain.” So far as this imposes a bond for court costs, I agree that it may be sustainable for Boston only by the principle referred to in the opinion. It appears to me in any event, however, arbitrary and unreasonable classification to give a right only to persons in Boston to have substantive damages in the event that an appeal is not found meritorious. The bond is plainly in an amount far beyond any court costs that could be recoverable; it follows, I submit, that it has been ordered under an unconstitutional aspect of the statute.
Reference
- Full Case Name
- Julia Begley & Others vs. Board of Appeal of Boston & Another
- Cited By
- 13 cases
- Status
- Published