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FANEUIL INVESTORS GROUP, LIMITED PARTNERSHIP v. BOARD OF SELECTMEN OF DENNIS

SJC-10642.

458 Mass. 1 (2010)

FANEUIL INVESTORS GROUP, LIMITED PARTNERSHIP v. BOARD OF SELECTMEN OF DENNIS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 16, 2010.

Attorney(s) appearing for the Case

Dana Alan Curhan for the plaintiff.

Jonathan M. Silverstein for board of selectmen of Dennis.

John R. Costello & Kathleen Fowler, for Dennis Housing Authority, submitted a brief.

Joel A. Stein, for Real Estate Bar Association for Massachusetts, Inc., & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, BOTSFORD, & GANTS, JJ.

IRELAND, J.

This case concerns a parcel of land (land) owned by the town of Dennis (town). The board of selectmen (board) deeded the land to the Dennis Housing Authority (authority) so that affordable housing could be constructed. The deed contained a reverter clause that prohibited a conveyance or transfer of the land without the consent of the board. The authority secured a mortgage on the land without the board's consent; the town invoked the reverter clause and...

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