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DOYLE v. BROOKLINE RENT CONTROL BOARD

1988 Mass. App. Div. 123 (1988)

John P. Doyle, Jr. vs. Brookline Rent Control Board

Massachusetts Appellate Division, Southern District.

July 19, 1988.

Attorney(s) appearing for the Case

James W. McCarthy, III, for the plaintiff.

David Adams for the defendant.

Present: Black, P.J., Silva & Hurley, JJ.

Hurley, J.

This appeal is before us on report by the trial judge of his decision allowing a motion to dismiss brought pursuant to Dist./Mun. Cts. R. Civ. P., Rules 12 (b) (5) and 41 (b) (2). We affirm and dismiss the report.

The plaintiff is trustee of a trust owning real estate in the Town of Brookline. The plaintiff filed an application for exemption pursuant to Article XXXVIII (b) (5) of the By-Laws of the Town of Brookline, Rent and Eviction Control By...

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