ELR Citation: ELR 20751
No(s). S-2999 (Mass. May 3, 1983)

The court upholds Boston Air Pollution Control Commission regulations limiting off-street parking. Plaintiff wished to relocate its downtown off-street parking operations, but under the challenged regulations could not transfer its permit from the old lot to the new. The court first holds that because an actual controversy exists it may decide the case. The court holds that the commission had statutory authority to adopt regulations to control pollution, and the challenged regulations are a reasonable attempt to so do even though they also regulate land use and regulate polluters indirectly. Though the city has power to zone, other entities may regulate land use concurrently. Plaintiff had no constitutionally protected property interest amounting to a right to operate a certain number of parking spaces before the regulations were passed, and the regulations did not create such a right.

Counsel for Plaintiff
Paul G. Counihan
186 Alewife Brook Pkwy., Cambridge MA 02138
(617) 864-4680

Counsel for Defendants
John R. Devereaux, Ass't Corp. Counsel
One City Hall Sq., Boston MA 02201
(617) 725-4034

Before HENNESSEY, C.J., and WILKINS, ABRAMS, and NOLAN, JJ.