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SJC removes Canton's effort to block Westwood Station project

E-mail|Link|Comments () January 19, 2010 11:01 AM

By John R. Ellement, Globe staff

The state's high court today threw out the town of Canton's legal challenge to the massive Westwood Station development project, which Canton complained would push 55,000 cars onto its streets every day but send all the tax benefits to Westwood.

In a unanimous ruling, the Supreme Judicial Court said Canton did not move fast enough to challenge the permits the developers obtained from state agencies under the Massachusetts Environmental Policy Act (MEPA). The massive project has been put on hold in recent months while the developers seek financing.

The state Department of Environmental Protection issued a permit in January 2008 allowing the developer, Cabot, Cabot and Forbes to connect to the sewer system, and Canton did not object. On Sept. 25, 2008, the state highway department issued a traffic permit, and this time, Canton vigorously opposed the move, suing the state and the developer in court.

A Superior Court judge rejected Canton's pleas for legal intervention, saying the town should have reacted to the sewer permit within 30 days, and not waited for the highway ruling eight months later.

Writing for the SJC, Justice Roderick Ireland said the state law has clearly defined timetables, and Canton missed those deadlines.

"The judge did not err in concluding that the town had a burden of inquiry,'' Ireland wrote. "As she stated, the town should have anticipated the issuance of the sewer permit…and should have taken "steps to make sure that it would become aware of it promptly.' ''

Ireland also wrote that "we conclude that the thirty-day limitation for the town to commence an action challenging the certification…began to run when the Department of Environmental Protection issued the sewer permit. We affirm the allowance of CCF's motion to dismiss and the judgment dismissing the town's action against all defendants.''