Mitchell v. Secretary of Administration

The plaintiffs challenge the legality of the comptroller’s transfer of $234,828,463 from the Highway Fund to the General Fund in order to balance the Commonwealth’s books for Fiscal Year 1991 (FY91). The plaintiffs seek a declaration that the transfer violates arts. 48, 63, and 78 of the Amendments to the Massachusetts Constitution.3 A single justice reserved and reported this action to the full court on a statement of agreed facts. We conclude that the transfer was authorized by statute, and is constitutional.

Background. Article 78 mandates that certain revenues, principally automotive…