In CPA case, residents sue over artificial turf funding

A group of Wayland residents has filed a lawsuit challenging a Town Meeting decision to use $300,000 in Community Preservation Act funds to pay for the installation of an artificial turf field.

Citing the use of the money as "impermissible under the CPA," the 13 property owners filed the suit in Middlesex Superior Court against the town of Wayland, its Community Preservation Committee, and the Wayland School Committee.

Voters at a Nov. 9 Town Meeting approved the use of the funds. The rest of the money for the $1 million project at Wayland High School is being raised privately.

The Community Preservation Act is a state law that allows communities to place a surcharge on property tax to raise money for historic preservation, affordable housing, and open space protection. The state has been matching the money raised from the surcharges. Wayland adopted a 1.5 percent surcharge in 2001.

A lawyer for the residents, George H. Harris of Wayland, said the law requires the money raised be used for acquisition, creation, and preservation of open space.

"In this particular case, no land is being acquired, no land is being created, and no land is being preserved. Therefore, there's no basis for doing this," said Harris, who also spoke out against the proposal at Town Meeting.

Selectmen chairman Joseph F. Nolan said he was disappointed a suit had been filed. "I think the use of the money is fine. I think it was a great idea," he said, declining to answer other questions.

In a statement issued last week, selectmen vowed to "vigorously defend" the Town Meeting vote, adding, "We believe the lawsuit is an attempt to thwart the will of the citizens of Wayland."

The Wayland lawsuit is a so-called 10 taxpayers' suit, which allows a group of 10 or more taxpayers to dispute the appropriation of public funding, Harris said.