The move by Garrity apparently budged the Legislature--which tomorrow will discuss a sewage authority proposal sent from the ways and means committee--and prompted outrage from the attorney general and local home building groups.
The attorney general's office yesterday appealed the Garrity moratorium before a state Supreme Court judge, according to spokesman David A. Wood. Attorney General Francis X. Bellotti said in a statement, "The concept of a receivership for a state agency is repugnant to the doctrine of separation of power in the state constitution."
A home building group said yesterday the moratorium order would threaten $77 million in new housing construction started in the past three months in MDC communities, according to The Associated Press.
The Metropolitan District Commission's Burgay called the receivership threat "wholly unwarranted," and said that the MDC should not be placed in receivership because it has fulfilled all obligations to the state.
Burgay termed the bill discharged yesterday to the floor by the Ways and Means Committee "an excellent, excellent bill," and said that Garrity should allow the Legislative to discuss the sewer authority bill.
"Some things take a little time for the 't's to be crossed and the 'I's to be dotted," he said "This legislation runs between 100 and 200 pages."
But supporters of Garrity said the foot dragging by the Legislature is at best laziness and at worst a concerted attempt to maintain the status quo
Said one top official who asked not to be identified. "The present situation and the patronage is very much to their liking."
Several calls yesterday to Ways and Means Chairman Michael Creedon (D Brockton) went unreturned.
Though Haar said Garrity would go ahead with his threat to place the MDC sewer division under his receivership, he added that the court will accept any legislation that creates a separate authority.
But he said, "The bill wouldn't have gotten out of Ways and Means if it weren't for the court."
Garrity could not be reached for comment.