Town of Millis v. Massachusetts Bay Transportation Authority

The plaintiff town seeks a finding that it receives no service or benefit from the defendant Massachusetts Bay Transportation Authority (MBTA) and a declaration that the assessment provisions of G. L. c. 161A result in confiscation of the property of the citizens of the town without due process of law. We hold that the State Treasurer is a necessary party to the action, and order that he be made a party under Mass. R. Civ. P. 1A, 12 (b) (7), 19 (a), 365 Mass. 731, 754, 765 (1974). We also reaffirm our decision that the provisions of G. L. c. 161A relating to the assessment on the town are…