Graves concern: Dispute over lighthouse tax bill gets Land Court hearing

GRAVES LIGHT… [JENNIFER WHELAN PHOTO]

By Christopher Haraden

The Land Court trial to determine whether Graves Light is within the boundaries of Hull began this week, but was recessed for a month at request of the town’s attorney.

The suit, filed in February 2020 by David Waller of Malden, disputes the Town of Hull’s claim that the lighthouse is within the town’s jurisdiction, and therefore subject to local property taxes.

Waller said Wednesday that he feels that he has “a pretty good chance” of prevailing in the suit, which he filed after the town sent him a tax bill for $3,552.42 for fiscal 2020. Waller maintains that Graves Ledge, prior to his 2013 purchase of the property from the federal government for $933,888, was not included in the Hull assessors’ database.

“We got to tell the story of Graves from our perspective,” Waller said after Wednesday’s hearing was recessed until July 25. “There’s been a lot of digging … and the documents we have are pretty compelling. I think there’s a preponderance of evidence in our favor.”

Town Counsel James Lampke, who filed a counterclaim against Graves Light and Fog Station LLC in order to prevent further renovations of the 113-foot-tall lighthouse without permits from the town, said today he expects that the trial will wrap up in July.

Waller said his deed from the federal government describes the property in terms of latitude and longitude, and references Broad Sound Channel, a shipping route in the Boston Harbor Islands National Recreation Area. Documents provided by a US Coast Guard office in Virginia indicated that “the property is not located within the corporate limits of any municipality.” In court filings, Lampke disputed this characterization, noting that unlike other states, Massachusetts does not recognize unincorporated areas.

Waller and his attorney, Peter Biagetti, presented documents and maps dating as far back as the 1600s that they say indicate that Graves Light is not within Hull’s boundaries. Lampke has introduced other maps that show the opposite circumstance, as well as documents listing Graves Light as being located in Hull.

Graves Light has been on the National Register of Historic Places since 1981. The Graves Ledge was named for Thomas Graves, vice admiral of John Winthrop’s fleet and a resident of Lynn who became America’s first foreign trader. Under the terms of the sale, the Coast Guard maintains the Graves fog horn and beacon, which began flashing its 2-2-2 signal in 1905. Waller and another family renovated the lighthouse and use it as a vacation home.

Waller said he is acting in good faith and the renovations to the property comply with regulations, and the attempts to collect property taxes are an example of “mistreatment” by the town. Lampke has framed the dispute as a border protection issue, and asserts that the town is not interested in preventing Waller from doing further work on the property.

The parties meet again in Land Court on July 25 before Judge Diane Rubin.