DEBRAL REALTY, INC. v. DiCHIARA


383 Mass. 559 (1981)

420 N.E.2d 343

DEBRAL REALTY, INC. vs. SALVY J. DiCHIARA, individually and as trustee, & another (and a consolidated case).

Supreme Judicial Court of Massachusetts, Middlesex.

May 6, 1981.


Attorney(s) appearing for the Case

Peter A. Johnson for South Middlesex Association of Retarded Citizens.

George O. Gregson (Richard M. Magnan with him) for Salvy J. DiChiara & another.

Harvey S. Fishman for Debral Realty, Inc.

Brian T. Kenner (Mary K. Ryan with him) for Andrew J. Lane.

Sumner Darman, Robert D. Cohan & Cynthia L. Hanley, for The Commercial Law League of America, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.


HENNESSEY, C.J.

The sole question presented for our resolution is whether the Massachusetts lis pendens procedure, G.L.c. 184, § 15, violates the due process clause of the Fourteenth Amendment to the United States Constitution. We hold it does not.

These two cases are before us on a report from a judge of the Superior Court, pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974), seeking review of the judge's...

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