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Legal counsel advises special‑act approach for Keith Field easement; deregistration viewed as procedural

Brockton Public Schools Facilities Usage and Planning Subcommittee · October 8, 2025
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Summary

Committee counsel reported the city filed a land‑court deregistration application and advised drafting an amended special act to protect the committee's control while negotiating an easement for the Boys & Girls Club and the carved‑out parcel.

School committee counsel Peter Mello told the subcommittee that, following a site visit to the Keith Field property, the city submitted an application to the land court to "deregister" part of the parcel — a procedural step that would make the land recorded rather than registered. Counsel said registered land can impose additional land‑court processes, and after consulting colleagues he is "pretty comfortable" the deregistration does not materially compromise the committee’s interest.

Mello said the property is governed by a special act of the legislature adopted in 1920 that vests control of the parcel with the school committee. He recommended drafting an amended special act, in cooperation with city and club counsel, to address any carve‑out and to set terms for an easement tied to the Boys & Girls Club's expansion. "The key is to formulate a draft special act that all interested parties are comfortable with," Mello said.

Committee members pressed for timeline details; a city attorney at the meeting estimated deregistration may take about 30 days subject to court backlog. Several members voiced frustration that the deregistration application was filed without advance committee notice; counsel responded that the filing likely reflected a formal transactional step and not ill intent.

Members stressed urgency because of program wait lists and an effort to reconcile the multi‑year project before turnover of city and committee leadership. Counsel said he would circulate a draft special act in the coming weeks for review by the committee and other stakeholders.