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CITY OF WORCESTER v. COLLEGE HILL PROPERTIES, LLC

No. SJC-11166.

465 Mass. 134 (2013)

CITY OF WORCESTER v. COLLEGE HILL PROPERTIES, LLC, & another (and four companion cases).

Supreme Judicial Court of Massachusetts, Worcester.

May 15, 2013.

Attorney(s) appearing for the Case

Gary S. Brackett for the defendants.

Ann S. Refolo, Assistant City Solicitor, for the plaintiff.

Philip S. Lapatin & Nathaniel F. Hulme, for Greater Boston Real Estate Board, amicus curiae, submitted a brief.

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

LENK, J.

The defendants own two-family and three-family rental properties in Worcester. They leased dwelling units in these properties to groups of four unrelated adult college students. Each such dwelling unit contained a living room and dining room, kitchen, bathroom, and bedrooms. The inspectional services department of the city of Worcester (city) determined that, where such a dwelling unit is occupied by four or more...

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