· 7/20/1982
Dinsky v. Town of Framingham
Citations
- 438 N.E.2d 51
- 386 Mass. 801
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- building code did not create special duty to individual property owners upon which an action for negligent issuance of building permits could be predicated
- building code did not create special duty to individual property owners upon which an action for negligent issuance of building permits could be predicated
- discussing whether State Building Code and related statutory provisions evince a legislative intent to create a private cause of action against municipality for violations of the Code
- defective grading by town was unknowable by plaintiff because it did not manifest itself until flood conditions occurred
- “[T]he Act simply removed the defense of immunity in certain tort actions against the Commonwealth, municipalities and other governmental subdivisions”
- no private cause of action for building inspector’s negligent inspection since duty owed to the public at large
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Liacos, Nolan, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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