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The Arborway Committee is a volunteer group of residents and merchants in the Jamaica Plain neighborhood of Boston that advocates for quality public transit in the urban environment. One of the chief objectives of the Committee is the restoration of Green Line service to Jamaica Plain. LATEST NEWS
LAWSUIT UPDATE Arborway Committee rejects Commonwealth's motion to dismiss On April 9, 2009, Suffolk Superior Court Judge Lloyd Macdonald held a hearing on the state defendants' motion for summary judgment, which contends that the suit filed by the Arborway Committee against the state defendants, seeking a ruling by the court that the December 1990 Memorandum of Understanding ("MOU") between the Commonwealth and the Conservation Law Foundation, requires the state defendants to restore the Arborway line to Forest Hills, is barred by the three year statute of limitations. On behalf of the state defendants, the Attorney General's Office argued that the suit was brought too late as it should have been brought within three years of 1996, a date referred to in the MOU.
In opposition to the state defendants' motion, the Arborway Committee,
represented by Paul Muniz of Burns & Levinson, LLP, argued that there is a
genuine issue of fact that requires a trial (with witnesses, etc.) to
determine when the state defendants' breach of the MOU occurred. In support
of that contention, the Arborway Committee directed the court's attention to
the facts, among others, that: (1) The MOU itself provided for environmental
reviews and for a process for the state to seek substitutions, which the EOT
and the MBTA took advantage of in seeking substitutions and reviews that
took years to resolve; (2) The MBTA's Arborway Rail Restoration Project
Advisory Committee was meeting with and advising EOT and the MBTA as to the
MBTA's plans and drawings for the actual construction of the restoration
project as late as February 18, 2004; and, (3) The change in the state
regulation to delete Arborway restoration did not occur until December 2006.
At the end of the hearing, the judge took the motion under advisement. It
is not known when the judge will issue a decision.
FISCAL CRISIS NO EXCUSE TO SLASH SERVICE Currently, the MBTA is contemplating several actions to deal with its
2009 MEMBERSHIP DRIVE Restoring Green Line service will add much needed vitality to the neighborhood by providing an attractive alternative for connecting Centre and South streets and South Huntington Avenue by subway directly with core constituencies and important commercial, governmental, and entertainment centers throughout greater Boston. Restoring Green Line service will also reduce reliance on the automobile and contribute to decreasing negative environmental impacts that are a product of poor air quality. For example, as you may know, Jamaica Plain continues to have a higher incidence of asthma hospitalizations of children under 5 years old than many other Boston neighborhoods. The Arborway Committee is committed to restoring the Green Line and improving air quality. As part of this commitment, later this year we will sponsor another in our series of "Rethinking Centre Street" film and panel discussions. This program takes on added importance as the City of Boston is currently developing plans for a design and rebuild of Centre Street that is primarily automobile-friendly. Please keep an eye out for notices about this program. Also, as you may know our suit against EOT continues to make its way through the judicial process. We will soon provide you with an update of where things stand. As a Member of the Arborway Committee you can share in our efforts to plan for the long-term sustainability of our urban environment and to promote the unparalleled advantages of quality public transit. It is time to renew your membership. If you are not already a member, consider becoming one. Contact the Arborway Committee through this Website or telephone Franklyn P. Salimbene, Chair at 617/524-5331.
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Copyright © 2005 The Arborway Committee, Boston, MA, unless otherwise noted