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Mary Ellen Gattoni <br /> Page Three <br /> Creation is not defined in the act,but its ordinary and generally understood meaning is <br /> bringing into being, causing to exist or production. American Heritage Dictionary 338 (2nd <br /> New College Edition 1985); Black's Law Dictionary 440 (41h ed. 1968). Creation could include a <br /> number of activities, such as a wholly new use, conversion from one use to another,or <br /> restriction of future use, that effectively cause property not used for recreational purposes to <br /> become a recreational asset. Even if the appropriation were for some sort of treatment facility <br /> or other improvement designed to prevent further contamination of the pond,it might <br /> possibly qualify as preservation, which the act defines as protection of property from injury, <br /> harm,or destruction. <br /> If ten taxpayers believe particular expenditures are unlawful, they can bring suit to <br /> enjoin the municipality from spending those funds. G.L.c.40, §53. Ultimately,the voters may <br /> consider whether they believe local officials are acting appropriately with respect to <br /> implementing the CPA,or carrying out any municipal responsibility. <br /> I hope this information is helpful. <br /> Very t ryours, <br /> Kathleen Colleary, Chief <br /> Bureau of Municipal Finance Law <br /> KC <br /> 16 <br />