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Massachusetts Appeals Court· 5/17/1995

McEneaney v. Chestnut Hill Realty Corp.

Citations

  • 38 Mass. App. Ct. 573
  • 650 N.E.2d 93
  • 1995 Mass. App. LEXIS 431

How courts have described this case

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

  • allowing unit owner to sue condominium trust over noisy air conditioner in common area as private nuisance, treating unit and common area as adjacent parcels of land
  • acknowledging the unit owner’s “dual form of interest in real estate, entitling the owner both to exclusive ownership and possession of his unit and to an undivided interest together with other unit owners in the common areas”
  • misrepresentation claim requires the plaintiff to prove “false statement of material fact made to induce the plaintiff to act and reliance on the false statement by the plaintiff to his detriment”
  • statements concerning \matters of judgment\ or \value\ are not actionable for misrepresentation
  • “[T]he law of nuisance requires two separate and distinct parcels, one on which a nuisance exists and one on which the occupants are burdened with the nuisance.”
  • representation is opinion if it expresses only belief, without certainty, as to existence of fact or judgment as to quality, value, authenticity or other matters of judgment

Source: CourtListener parenthetical corpus (CC0).

Judges: Kass, Porada

Read full opinion on CourtListener

Cited by

57 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named McEneaney v. Chestnut Hill Realty Corp.

1 other CourtListener record shares this case name.

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.