· 5/6/1993
Noble v. Murphy
Citations
- 612 N.E.2d 266
- 34 Mass. App. Ct. 452
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[a] condominium use restriction appearing in originating documents which predate that purchase of individual units may be subject to even more liberal review than if promulgated after units have been individually acquired.”
- noting that standard for condominium use restrictions is “equitable reasonableness,” and restriction that abrogates fundamental constitutional right is invalid
- stating that complaint-driven enforcement did not result in arbitrary, capricious, or discriminatory enforcement
- stating that complaint-driven enforcement did not result in arbitrary, capricious, or discriminatory enforcement
- upholding condominium association’s pet prohibition, applying “equitable reasonableness” standard in evaluating master deed use restrictions
- \[c]lose judicial scrutiny and possible invalidation or limitation of fundamentally proper but broadly drawn use restrictions ... would deny to developers and unit owners the 'planning flexibility' inherent in\ statutory scheme
Source: CourtListener parenthetical corpus (CC0).
Judges: Fine, Jacobs, Porada
Read full opinion on CourtListenerSourced 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.