Aaron v. Boston Redev. Auth

In Aaron v. Boston Redev. Auth., 66 Mass. App. Ct. 804, 850 N.E.2d 1105 (2006), the BRA used the statute to defend against an adverse possession claim leveled at a parcel held by the BRA "for the purposes of effectuating an urban renewal plan." 66 Mass. App. Ct. at 804. As the decision reads, "the issue in this case is whether the holding of land by the BRA for urban renewal purposes, including, but not limited to, housing development, under the Washington Park Plan, constitutes an 'other public purpose' within the meaning of G.L. c. 260, 31 .... If so, the plaintiff's claim of adverse possession is negatived by the second clause in 31 ...." Id., at 808. The Appeals Court then went on to consider whether or not the statutory language extended to the BRA's holding of the disputed land for that purpose, holding that it did. In reaching its conclusion, however, the Appeals Court was most careful not to decide broadly that the BRA's holding of the disputed land under the provisions of an urban renewal plan was protected by the statute simply because that was a public purpose. Instead, the Aaron court adopted the view that not all purposes can avail themselves of the statute simply because the purposes are, in some sense, public. The court only came to its conclusion after applying the doctrine of ejusdem generis, examining the nature of the urban renewal enactments under which the BRA held the disputed land, and concluding "that urban renewal, concerned as it is with the improvement of the environment and surroundings in which the people of the Commonwealth live, is within the meaning of the words 'other public purpose' as found in G. L. c.260, 31, and is fully consonant with the other public purposes outlined therein." Id., at 810. The court noted urban renewal plans "often include proposals to use acquired land for the specifically enumerated public purposes of G. L. c. 260, 31, e.g., parks, recreational areas, and open spaces," and found instances of that very type of purpose in the particular urban renewal plan which led the BRA to acquire and hold the disputed land. Id., at n. 10.