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JOHNSON v. MARTIGNETTI

374 Mass. 784 (1978)

375 N.E.2d 290

MARVIN T. JOHNSON & others vs. FERDINAND F. MARTIGNETTI & others.

Supreme Judicial Court of Massachusetts, Middlesex.

April 11, 1978.

Attorney(s) appearing for the Case

Howard M. Miller for Ferdinand F. Martignetti & another.

Benjamin Goldman for Y & M Trust.

James N. Esdaile, Jr., for Marvin T. Johnson & others.

Thomas Miller, Assistant Attorney General, for the Attorney General.

Present: HENNESSEY, C.J., QUIRICO, BRAUGHER, WILKINS, & LIACOS, JJ.

HENNESSEY, C.J.

On February 20, 1975, fourteen tax-payers brought an action pursuant to G.L.c. 138, § 60, and G.L.c. 139, § 16A,1 seeking to abate the use of a building on the ground that it was being used unlawfully as a liquor nuisance. Their claim of unlawful use was based on G.L.c. 138, § 15, commonly known as the "multiple ownership law," which provides, in substance, that no person or combination of persons, directly...

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