Skip to main content
· 4/13/1983

Franklin v. Spadafora

Citations

  • 447 N.E.2d 1244
  • 388 Mass. 764

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • assuming state action for purposes of analyzing claim that an amendment limiting to two the number of units which could be owned by any individual or entity deprived plaintiffs of their due process and equal protection rights
  • by-law amendment limiting to two the number of units in condominium owned by any one person upheld
  • durational validity of restraint on alienation not gauged by normal measure of Rule Against Perpetuities, where property is of type unknown to common law
  • durational validity of restraint on alienation not gauged by normal measure of Rule Against Perpetuities, where property is of type unknown to common law
  • number of people to whom transfer was prohibited not unreasonable where condominium units could be sold to anyone except those who already owned two units
  • “Because we conclude that the amendment did not deprive the plaintiffs of any constitutional rights, we may assume, without deciding, that the amendment represents state action.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Abrams, Nolan, Lynch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.