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· 12/12/1979

Town of Nantucket v. Beinecke

Citations

  • 398 N.E.2d 458
  • 379 Mass. 345
  • 1979 Mass. LEXIS 1014

How courts have described this case

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

  • “If such a result had been intended, it would have been natural for the Legislature to express such an intention”
  • Court looks at “gist of action;” claim alleging breach of fiduciary duly by town counsel sounded in tort
  • if Legislature had intended that actions not be time-limited, it would be natural for such intent to be expressed in statute
  • “If [the Legislature intended that actions not be time-limited], it would have been natural for the Legislature to express such an intention”
  • improper use of judicial notice tainted ultimate conclusion reached by judge and cannot stand
  • board of selectmen’s awareness of probable presence of article in local newspaper about pending litigation not proper subject for judicial notice in determination when statute of limitations began to run

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Braucher, Kaplan, Wilkins, Liacos

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.