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GUARANTY MORTGAGE CORP. v. BURLINGTON

385 Mass. 411 (1982)

432 N.E.2d 480

GUARANTY MORTGAGE CORPORATION & others vs. TOWN OF BURLINGTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 2, 1982.

Attorney(s) appearing for the Case

Joel M. Sowalsky for the plaintiffs.

William A. Zucker (Harry J. Myers, Jr., with him) for Murray Hills & another.

Judith S. Yogman, Assistant Attorney General, for Commissioner of Revenue.

David Berman, Town Counsel, for town of Burlington, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

NOLAN, J.

Guaranty Mortgage Corporation (Guaranty), the holder of a first mortgage on certain lots of land in Burlington, filed a complaint in the Superior Court1 challenging the legality of the sale of those lots for nonpayment of taxes. Guaranty requested declaratory relief under G.L.c. 231A, § 1. Subsequently added as plaintiffs were Stanley Reich, trustee of the Massachusetts Realty Trust and owner of the lots prior to the tax...

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