Franklin v. Spadafora

388 Mass. 764, 447 N.E.2d 1244 (1983)

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Franklin v. Spadafora

Massachusetts Supreme Judicial Court
388 Mass. 764, 447 N.E.2d 1244 (1983)

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Facts

Spadafora (defendant) represented trustees of the Melrose Towers Condominium Trust. The trustees amended the trust bylaws by vote of 80.45% of the beneficial owners to prohibit any one person or entity from owning more than two units within the condominium. At the time of the amendment, Franklin (plaintiff) owned six units in the building. About three weeks later, Franklin contracted to purchase another unit from Clark; however, the trustees blocked the sale as being against the trust’s bylaws. Franklin and Clark filed suit for declaratory relief from the bylaw amendment and went ahead with the sale. The trial court upheld the bylaw amendment and nullified the sale between Franklin and Clark. Franklin appealed.

Rule of Law

Issue

Holding and Reasoning (Nolan, J.)

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