Gould v. Greylock Reservation Commission
Massachusetts Supreme Judicial Court
215 N.E.2d 114 (1966)
- Written by Sheryl McGrath, JD
Facts
In the late 1800s, Massachusetts created a state park to preserve Mount Greylock as a natural area. Mount Greylock was the highest mountain in the state. The state also created the Mount Greylock Reservation Commission (commission) (defendant) to supervise the state park. In the early 1950s, the Massachusetts legislature approved the creation of the Mount Greylock Tramway Authority (authority) to oversee creation of an aerial tramway in the state park. Financing for the tramway project was problematic during the next decade. In 1960, the commission leased 4,000 acres within the state park to the authority. In 1964, the authority entered into an agreement with a ski-resort operator to manage the tramway. The agreement allowed the ski-resort operator to build a ski resort on the acreage that the authority had leased from the commission. The agreement granted the resort operator control over the operation and budget of the tramway, as well as the operation and budget of the ski resort. Profits from the resort would be shared with public governing bodies. The tramway was to be about 6,000 feet long. In contrast, the resort would have 15,000 feet of chairlifts and about 56,000 feet of ski trails. Construction of the ski trails would require removal of trees. Certain members of the public opposed the planned ski resort. Mildred Gould and four others (collectively, Gould) (plaintiffs) filed an action for a writ of mandamus and a declaratory judgment against the commission to require the authority to abandon the ski-resort plan. The trial court ruled in favor of the commission and allowed the ski-resort project to proceed. Gould appealed.
Rule of Law
Issue
Holding and Reasoning (Cutter, J.)
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