MEMORANDUM OF DECISION
Michael D. Ricciuti, Justice of the Superior Court.
complaint in this action, Plaintiff G6 Hospitality Property
LLC (" G6"), which operates a Motel 6 located at
125 Union Street, Braintree, Massachusetts (" the
Motel"), seeks certiorari review under G.L.c.
249, § 4 of a decision made by the defendant, Town of
Braintree Board of Health (" the Board"), to revoke
G6's license to operate the Motel under G.L.c. 140,
§ 32B and c. 111, § 122. At issue before the Court
is G6's application for a temporary restraining order and
motion for a preliminary injunction, enjoining the Board from
enforcing its July 13, 2017, decision to revoke G6's
license while this case is litigated.
reasons that follow, the Court concludes that G6 has not
shown that it is entitled to a temporary restraining order or
a preliminary injunction, as it cannot show that it is likely
to succeed on the merits. Its application and motion are thus
relevant facts in the administrative record provided to this
Court are as follows.
12, 2017, the Board notified the Motel that an emergency
license revocation hearing would be held on May 18, 2017, to
determine whether, pursuant to G.L.c. 140, § § 30
and 32B, G.L.c. 111, § 122 and 105 C.M.R. 410.000, the
Motel had " violated certain provisions of [its]
license" because of " concerns relating to public
health and safety . . . as the result of the exorbitant
number of police-related responses to the motel since 2010,
including but not limited to sudden deaths, sexual
assaults/offenses, drug overdoses, warrant services, as well
as the most recent shooting of a Braintree police officer and
apparent suicide [of the officer's assailant] that took
place at Motel 6 on Friday, May 5, 2017."
of G6 and Braintree Mayor Joseph Sullivan (" the
Mayor") agreed that the Board would not oppose G6's
request to continue the hearing if G6 agreed to voluntarily
close the Motel for 45 days, from June 1 to July 15, 2017,
during which time G6 would work on improving the Motel's
security protocol. Accordingly, G6 requested a continuance of
the hearing. The Board approved the Motel's request. The
Motel voluntarily closed June 1. The hearing was rescheduled
for July 13, 2017. Prior to the July 13 hearing, a public
notice was published in the local newspaper.
Disclosed at the July 13, 2017 Hearing
July 13, 2017 hearing (" the Hearing"), the Board
heard testimony from both the Braintree Police Department and
G6 representatives, and allowed G6 to cross examine the
police witnesses. The Board also received an expert report
submitted by G6.
G6 has been operating the Motel 6 located at 125 Union
Street, Braintree, Massachusetts, since 1999. The Motel is
located approximately 50 yards from the Braintree MBTA subway
station and close to a highway. There are five other lodging
establishments, all hotels, in Braintree-Candlewood Suites,
Extended Stay, Hampton Inn, Holiday Inn (now known as the
Beantown Inn), and Hyatt (collectively, with the Motel,
" the facilities"). The other facilities are not in
the same proximity to the MBTA station. However, one of them,
the Hyatt, is in close proximity to the South Shore Plaza,
the second largest mall in New England, and is close to a
2009, a woman was murdered at the Motel and her boyfriend
committed suicide. In response, in May 2009, the Board
notified G6 of a hearing to revoke the Motel's license,
alleging four grounds: death on the premises; major calls
requiring police assistance; disproportionate volume of calls
for police assistance; and insufficient supervision or
inadequate management. As a result of the hearing, G6 made
two commitments to the Board in a December 15, 2010
letter-first, " we agreed to implement a number of
security measures to address specific concerns" of the
Board, and second, " we agreed to conduct a substantive
renovation of the property."
noted that both commitments were timely met. The Motel
implemented new practices, including a nightly police detail
and a nightly review of the guest registry by the Braintree
Police Department. For a period of time in and after 2009,
the Motel hired armed security guards, but at some point
before 2017, that measure was ended.
Motel's license was renewed. G6 claimed that "
substantial improvement" in conditions at the Motel were
reflected in the reduced number of " calls for
service" to the police and that " we
virtually eliminated any true crime and activity at the
property" in compliance with the commitments G6 had made
to the Board.
despite the measures put in place, G6 was unable to stop
criminal activity from increasing at the Motel after 2009,
and from experiencing more such activity than any other
facility. In April 2017, the Braintree Police Department made
suggestions to the Motel for enhancing safety and security at
the Motel-by requesting guests checking in to provide the
number and names of those checking, obtaining license
information so that the Braintree police could run checks for
warrants, and preventing recurring rentals to people who have
posed problems for the police. There was no evidence that G6
took these steps. Aside from that request, there was no
evidence that G6 failed to take any other steps requested by
the Braintree Police Department.
5, 2017 (" the May 5 Incident"), Braintree police
officers went to Motel 6 to serve a warrant on a guest in one
of Motel 6's rooms. Without provocation, the guest shot a
police officer in the head. The other officers returned fire.
The gunman then barricaded himself in the room. Several SWAT
teams responded to the Motel. Streets near the Motel were
shut down, as was the nearby MBTA station. An armored vehicle
was positioned in front of the gunman's room for
protection, and the approximately sixty Motel guests were
evacuated. After efforts to contact the gunman were
unsuccessful, police used another armored vehicle to breach
the door to the gunman's room. Police ...