SUTHERLAND v. AOLEAN DEVELOPMENT CORP


399 Mass. 36 (1987)

502 N.E.2d 528

KENNETH SUTHERLAND & another vs. AOLEAN DEVELOPMENT CORPORATION.

Supreme Judicial Court of Massachusetts, Middlesex.

January 14, 1987.


Attorney(s) appearing for the Case

Robert S. Kutner for the defendant.

Michael C. Donahue for the plaintiffs.

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The defendant landowner (Aolean) has appealed from an order of a Superior Court judge, entered pursuant to G.L.c. 184, § 15, as amended by St. 1985, c. 809, allowing the plaintiffs to record a memorandum of lis pendens against certain property in a subdivision in Hopkinton. At the heart of the appeal is a dispute as to the scope of a judge's function in determining, in the words of § 15, "if the subject matter of the action constitutes a claim...

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