'No right, title or interest': Why a Massachusetts judge ruled for Graves Light owners

HULL – Graves Light is not part of Hull, a state Land Court judge has ruled, and whether any other municipality can claim it is an issue for another day.

Judge Diane Rubin issued her decision and the reasoning behind it in a 50-page document Aug. 1.

“Graves Ledge (its original name) does not lie within either the municipal tide water boundaries or the municipal land boundaries of the town of Hull, and the town has no right, title or interest in Graves Ledge,” Rubin wrote in a two-page summary judgment. He ruling examined the history of Graves Ledge and how it has been identified over the last 400 years.

By ruling that Hull cannot claim the rocky property several miles offshore, Rubin handed a win to the lighthouse owners and inhabitants, who took the town to court in 2020 after receiving a hefty, and unexpected, property tax bill.

Why David and Lynne Waller bought the lighthouse and then sued Hull

Filing their case as Graves Light and Fog Station LLC, owners David and Lynne Waller argued that the Coast Guard told them when they bought the property at auction in 2013 for $933,859 that it isn't part of any town.

The state ceded the property to the federal government through the Coast Guard in 1903.

Jack Lampke, who is Hull’s town counsel, argued that when the Wallers took control of the lighthouse in which they now live, it was no longer exempt from taxes. A redrawn assessor’s map of the town in 2019 included the property in the town's purview and the tax bill was issued to the couple.

Rubin, however, said the registered deed and title for the property describes it as “on the outermost island of the Boston Harbor Islands National Recreation Area, in Suffolk County, Massachusetts Bay,” but does not specify a municipality within the county that could claim ownership.

The question is: Where is Graves Ledge?

When Hull was first incorporated in 1644, it was part of Suffolk County. It was reclassified as part of Plymouth County in 1803.

Lampke argued throughout the case that a location within Massachusetts must be considered a part of one municipality or another, whether on land or within its tidal boundaries.

"There are numerous references, including the National Register of Historic Places, that list this as being in Hull," he previously said. "Our position is that, in Massachusetts, there is no such thing as unincorporated property."

Rubin was presented with a deluge of documentation from both sides to prove their claims. Two surveyors were enlisted to provide opinions. She favored the testimony of one over the other, saying it was more important to only consider actions taken by the state and approved by the Legislature, and not maps drawn by private companies, surveyors and mapmakers, as one of the surveyors had done.

History of Graves Light Station

How did the Wallers end up with a lighthouse?

Its light and signal functions were automated in the 1970s, negating the need for a lightkeeper.

The lighthouse was declared surplus property in 2012 by the Coast Guard, which put it up for sale as allowed under the National Historic Preservation Act of 2000.

The federal government first made Graves Ledge available to eligible entities, including local authorities, free of charge, and issued a notice of availability.

Taxes and more: Couple turned a historical, federally owned lighthouse into a home. Then Hull taxed them.

The town was told it could acquire Graves Ledge but made no effort, Rubin noted.

How was Graves Light sold?

She also found inconsistencies associated with documentation related to the auction process.

“The United States made a number of reports and documents available to interested parties,” she wrote. “Those documents inconsistently placed Graves Ledge in a number of municipalities of the commonwealth.”

Since buying the lighthouse, the couple have converted the multilevel lighthouse into living quarters complete with a kitchen, a master bedroom and a bunk room. They have a collection of photos, paintings and other artifacts relating to the lighthouse's lengthy history, but have otherwise made the tall, skinny building a home like any other.

In addition to the tax bill, the town also threatened the couple with a $25,000 fine if they continued any work on their new home. The Wallers had not sought building, electrical and other permits from the town. They did not think they had any obligation to do so. The issue is now moot following the ruling.

Hull's and Wallers' reaction to the ruling

“It’s clear the judge spent a great deal of time on it,” Lampke said after the ruling was issued. “While I don’t agree with the ultimate conclusion, and there are some points we didn’t agree with, it was a well-researched and well-written decision.“

He said he could not say whether the town would take any further action.

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Are there unincorporated areas within the state?

Rubin did not draw a conclusion on whether there are unincorporated areas within the state, whether on land or off the coast.

“I decline to wade into these deep waters because I conclude this issue is not squarely before the court,” she said. "There is no claim pending before the court relating to unincorporated land.”

She also noted neither side asked for any boundaries to be redrawn, which is a function of the Legislature, not the courts.

After a case that spanned years and covered centuries of information, the Wallers posted their succinct reaction to the ruling on the Graves Light Facebook page.

“We defeated Hull's illegal land grab!” they said.

This article originally appeared on The Patriot Ledger: Where's Graves Light? Not in Hull, MA judge rules after pair sue town