Judge Rules Against City's CPA Spending

NEWTON

A Middlesex Superior Court judge ruled that the city of Newton could not spend $765,000 in Community Preservation Act funds for improvements to two parks in Nonantum because the spending violated the provisions of the law.

Monday's ruling is the first of its kind on the controversial CPA law. The law allows cities and towns to impose a surcharge on residential property tax bills and use the money for housing, open space, recreational enhancement and historic preservation. The state matches the funding dollar-for-dollar.

Associate Justice Bruce R. Henry ruled that the money could not be used to make improvements at Stearns and Pellegrini parks in Newton because they were not bought with CPA funds.

"While using CPA funds for the rehabilitation or restoration of recreational land is permitted under the CPA, it is permitted only for those recreational lands which were originally acquired or created with CPA funds," Henry wrote.

Jeremy Solomon, a spokesman for Newton Mayor David Cohen, called the ruling "a blow."
"The city is disappointed," Solomon said yesterday. "We believe that the [park] upgrades that were to be made under the proposal would have served the community well."

Solomon said its unclear whether the city can afford to make improvements to both parks without the funding. City officials are weighing an appeal.

Guive Mirfendereski(cq), the lawyer who represented the 10 city taxpayers who filed the lawsuit, said the law was clear about how the money could be spend. He and others also opposed a plan by the mayor to use CPA funds to install artificial turf fields at other city playing fields.

"The lesson of this case right now is if you want to spend CPA money on an existing playing field ... you'll be violating the law," Mirfendereski said.

-- Megan Woolhouse