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TOWN OF FRANKLIN v. WYLLIE

443 Mass. 187 (2005)

TOWN OF FRANKLIN v. RUBY M. WYLLIE, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 2005.

Attorney(s) appearing for the Case

Mark G. Cerel, Town Attorney, for the plaintiff.

Leonard M. Davidson for Mark S. Staniscia & another.

Thomas J. Urbelis & Carol Hajjar McGravey, for Massachusetts City Solicitors and Town Counsel Association, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

We transferred this case to this court on our own motion to decide whether a fully executed purchase and sale agreement for land valued, assessed, and taxed as agricultural or horticultural under G. L. c. 61A constitutes a "bona fide offer to purchase," thereby triggering a town's right of first refusal under § 14 of that chapter, when the purchaser's obligation under the agreement is conditioned on the...

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