Town of Marion v. Massachusetts Housing Finance Agency

The town of Marion (town), in connection with the proposed construction of a G. L. c. 40B affordable housing project, filed a complaint in Superior Court which sought a declaratory judgment and relief in the nature of certiorari. In its complaint, the town challenged the Massachusetts Housing Finance Agency’s (MHFA) determination of the funding eligibil*209ity of the project, a preliminary step to obtaining a comprehensive permit. Because the town had an adequate remedy that it failed to exhaust, a judge of the Superior Court dismissed the complaint.2 From that dismissal, the town has appealed.…