Billboards on transit agency's property exempt from zoning regulations.(Recent Court Decisions)(Massachusetts Bay Transportation Authority v. City of Somerville)

The Supreme Judicial Court of Massachusetts ruled that zoning ordinances regulating outdoor advertisements did not apply to billboards located on the facilities of the state transportation provider.

The Massachusetts Bay Transit Authority (MBTA) erected outdoor advertisements on its property in the city of Melrose and planned to erect others on its facilities in the city of Somerville, without seeking the approval of either city. The billboards violated the zoning codes in both locations, and the cities ordered the MBTA to remove existing signs and to cease the construction of new billboards. Under state law, the MBTA's facilities are exempt from all municipal regulations except those that do not interfere with the agency's essential government function. The MBTA sought a court order establishing its exemption from the zoning ordinances and directing the cities to cease enforcement activities. The trial court held that the advertisements were not subject to the cities' zoning ordinances. The cities appealed.

On appeal, the cities argued that the zoning codes applied to the MBTA's facilities because the ordinances did not affect the agency's ability to provide mass transportation, its essential government function. The court disagreed, finding that the ordinances ...