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FERREIRA v. CHARLAND

No. 22-P-300.

103 Mass. App. Ct. 194 (2023)

CASSANDRA FERREIRA v. LAURAL CHARLAND.

Appeals Court of Massachusetts, Hampden.

September 5, 2023.

Attorney(s) appearing for the Case

Gabriel L. Fonseca for the defendant.

Lawrence J. Farber for the plaintiff.

Andrea Joy Campbell , Attorney General, Alda Chan , Assistant Attorney General, & Sean P. Attwood , Special Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Richard M.W. Bauer , Ilana B. Gelfman , Susan Hegel , Daniel Ordorica , & Joshua M. Daniels , for Volunteer Lawyers Project, amicus curiae, submitted a brief.

Present: En banc.

In this no-fault summary process action, the question on appeal is whether the landlord's tender of damages to the tenant3 for the landlord's violation of G. L. c. 186, § 22 (water use statute), after the landlord commenced summary process proceedings, precluded the tenant from asserting G. L. c. 239,...

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