City of Boston v. Massachusetts Port Authority

Nos. 99492 Eq., 521 (Mass. Super. Ct. June 28, 1976)

The court amends its previous judgment, 5 ELR 20200, to allow completion of construction of runways at Logan Airport only as extended safety areas and not as runway extensions for normal airport operations. The parties have agreed that such action minimizes environmental damage and complies with the statutory requirement that the defendants publish an environmental impact report prior to construction. Plaintiffs will receive daily work progress reports and are entitled to inspect the construction upon one day's notice to the defendants. The action is dismissed without prejudice; the court retains jurisdiction in order to modify the judgment should it become inequitable.

Counsel for Plaintiffs (in addition to counsel listed at 5 ELR 20200)
Robert L. Weiss, Jr.
Boston Legal Assistance Project
108 Maverick St.
East Boston MA 02128
(617) 569-1661

Charles Corkin, II
Catherine L. Farrell Asst. Attorneys General
One Ashburton Place
Boston MA 02108
(617) 727-2265

Counsel for Defendants listed at 5 ELR 20200.

[6 ELR 20608]

Mason. J.:

MOTION TO MODIFY AMENDED JUDGMENTS

The parties move pursuant to Mass. R. Civ. P. 60(b)(6) to modify the Amended Judgments entered herein on September 13, 1974, as corrected on October 18, 1974, to permit completion of paving, marking and landscaping of extensions to Runways 4L and 9 as extended safety areas only, in accordance with the plans and work items attached to the proposed Further Amended Judgments filed herewith. In support, the parties submit as follows:

These suits were commenced by plaintiffs in May and July of 1974 in order to enjoin construction by the Massachusetts Port Authority of extensions to Runways 4L and 9 and a new GA/STOL Runway 14-32 at Logan Airport (the Runways Project), until the Port Authority complied with G.L. c. 30, §§ 61 and 62. After hearing, this court entered a judgment enjoining further construction of the Runways Project until the Port Authority has published a final environmental impact report and otherwise complied with §§ 61 and 62, which injunction was affirmed on appeal by the Massachusetts Supreme Judicial Court on February 5, 1975. Secretary of Environmental Affairs v. Massachusetts Port Authority, Mass. Adv. Sh. (1975) 285 [5 ELR 20200].

In the intervening months, the parties to this suit have been engaged in an intensive effort to review and evaluate the environmental impacts of the Runways Project, and alternatives to this project which would avoid or minimize said impacts but allow the Port Authority to achieve substantial benefits from the project as finally modified and and completed. After lengthy discussion, the parties have agreed upon the level and type of additional construction necessary to complete extended safety areas.

The parties believe at this time that this resolution minimizes damage to the environment, avoids the substantial controversy created by the original proposal, reflects a fair and adequate resolution of all issues presented in the suits, and satisfies the requirements of G.L. c. 30, §§ 61 and 62 and the applicable regulations issued thereunder. The resolution has the further advantage of allowing certain limited construction to proceed without further uncertainties as to future litigation and interruption of work. Accordingly, the parties believe that the interest of all parties and the public interest would be best served by resolution of this litigation upon the terms and provisions set forth in the attached Further Amended Judgment.

Upon entry of the Further Amended Judgment by this court, the parties agree to the dismissal of the complaints in all other respects without prejudice and without costs.

This motion is not to be construed as a contract, and the parties recognize that the court shall retain authority to modify or amend further the Further Amended Judgment as provided therein.

FURTHER AMENDED JUDGMENT

This action came on for hearing before the court, Honorable Arthur M. Mason, Associate Justice, presiding, on the parties' Motion To Modify the Amended Judgment, and the issues having been duly heard.

It is ORDERED and ADJUDGED:

The Massachusetts Port Authority and Perini Corporation are enjoined from any further construction of the Runways Project at Logan Airport, except that the work shown on the plan attached hereto and incorporated herein, marked cA," on the outline attached hereto and incorporated herein, marked "B," and on the summary of quantities attached hereto and incorporated herein, marked "C," may be done to complete the runway 4L and runway 9 portions of the project as extended safety areas and not as runway extensions. In determining to complete the project as described above, Massachusetts Port Authority has complied with the provisions of G.L. c. 30, §§ 61 and 62, and the applicable regulations issued thereunder.

Massachusetts Port Authority and Perini Corporation are ordered to comply with the following conditions:

(1) Copies of daily work progress reports shall be prepared in the usual manner and, as soon as prepared, mailed to counsel for each of the plaintiffs.

(2) Any of the plaintiff's counsel referred to in the foregoing [6 ELR 20609] paragraph and/or a reasonable number of their designees shall be permitted to inspect all work permitted hereunder at any reasonable time upon one day's notice to counsel for Massachusetts Port Authority.

Massachusetts Port Authority shall arrange any requested inspection as quickly as possible and shall, if requested, attempt to arrange it for a time less than twenty-four hours after a request is made. In determining what is a reasonable time the availability of employees of Massachusetts Port Authority and Perini Corporation shall be taken into account and said employees shall not be required to cancel or postpone other obligations.

Massachusetts Port Authority shall mark and designate the construction at the present ends of runways 4L and 9 as extended safety areas only and not as "clearways," "stopways" or any other designation which would permit use of these areas as operational runways or for calculating usable runway lengths for takeoff.

As provided in Mass. R. Civ. P. 60(b)(5) and (6), this court may modify or amended further this Further Amended Judgment upon the motion of any party if it shall be no longer equitable that this Further Amended Judgment should have prospective application or for any other reason justifying relief from the operation of the Further Amended Judgment, upon appropriate notice to counsel for the parties pursuant to the Massachusetts Rules of Civil Procedure.

This action be and it is hereby dismissed in all other respects without prejudice and without costs.

This Further Amended Judgment is entered with the consent of all parties and supersedes in all respects the Judgment on Findings by the court entered on August 26, 1974, and the Amended Judgment entered on September 13, 1974, and corrected on October 18, 1974.