Dear CPA Friend: 
On Friday, the state's Supreme Judicial Court issued their decision in Seideman and others v. City of Newton, a lawsuit concerning a proposed CPA recreation project in Newton. At issue was the city's desire to use CPA funds for work at two existing parks that were not created or acquired with CPA funds. The state's highest court upheld a lower court's decision in favor of the plaintiff, saying that CPA funds can be used "for the creation of land for recreational use, not the creation of new recreational uses on existing land already devoted to that purpose." 
For the most part, this decision should only affect CPA recreation projects for which funding has been approved by the legislative body but not yet spent, or proposed projects in the future. And, as you probably know, legislation has been filed which would amend CPA to allow communities to rehabilitate existing recreational assets, even if they were not acquired or created with CPA funds. HB4820 did not pass the full legislature this session, but it did receive a positive recommendation from Committee on Community Development and Small Business, and the bill will be re-filed with the new legislative session in January. 
You can read the entire decision in this case at: 
http://www.socialaw.com/slip.htm?cid=18568&sid=120 
We'll have more analysis in the next issue of CPA Update, our email newsletter. This is a somewhat complicated issue, so we continue to advise communities to consult with municipal counsel on current or proposed CPA recreation projects. 
Regards, 
Stuart 
Stuart Saginor
Executive Director
Community Preservation Coalition
33 Union Street, Boston, MA 02108
Tel: 617-371-0540
stuart.saginor@communitypreservation.org