Summary
This Massachusetts Appeals Court decision reviews a Superior Court judgment affirming an administrative hearing officer's ruling that the Brockton Redevelopment Authority must pay full relocation expenses to a displaced business. The court addresses whether the authority properly informed the business of self-move requirements and whether cash payments to day laborers without contemporaneous receipts constitute sufficient documentation under G.L. c. 79A. Applying the substantial evidence standard, the court affirms the agency's determination that the relocation payments were reasonable and adequately documented.
Topics
Practice areas
Questions Presented
- Whether the bureau’s decision that Brockton Furniture permissibly conducted a self‑move is supported by substantial evidence.
- Whether the authority must pay the full relocation expenses claimed despite the lack of contemporaneous receipts.
Holdings
- The bureau’s determination is supported by substantial evidence; the authority failed to inform the business of self‑move requirements, so the self‑move was permissible.
- The authority must pay the claimed expenses because the statute’s requirement of "actual documented reasonable expenses" does not demand a receipt for every item; other reliable documentation suffices.
Key quotations
“The [bureau's] decision may only be set aside if [we] determine[] that the decision is unsupported by substantial evidence or is arbitrary or capricious, an abuse of discretion, or not in accordance with law.” (at 1)
“We interpret "actual documented reasonable expenses" to mean that evidence such as paid bills, cancelled checks, or other proof of payment satisfies the documentation requirement; a receipt for every expense is not required.” (at 2)
Factual background
Brockton Furniture was displaced by the Brockton Redevelopment Authority's eminent‑domain taking of 93 Centre Street. The business elected to conduct a self‑move using cash‑paid day laborers and submitted a relocation claim for $351,167.89. The authority partially denied the claim, paying only 80 % of certain categories and less for labor costs, citing insufficient documentation. The bureau’s hearing officer found the self‑move permissible and ordered payment of the full amount.
Procedural history
The dispute arose after the Brockton Redevelopment Authority took 93 Centre Street by eminent domain. Brockton Furniture filed a relocation claim under G.L. c. 79A. The authority partially denied the claim. The bureau of relocation affirmed the full claim. The authority sought judicial review in the Superior Court, which entered judgment for the bureau. The authority appealed to the Massachusetts Appeals Court.