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SALEM SOUND DEVELOPMENT CORP. v. SALEM

No. 87-531.

26 Mass. App. Ct. 396 (1988)

528 N.E.2d 504

SALEM SOUND DEVELOPMENT CORPORATION vs. CITY OF SALEM & others.

Appeals Court of Massachusetts, Essex.

September 20, 1988.

Attorney(s) appearing for the Case

Timothy J. O'Keefe for the plaintiff.

Douglas A. Randall (Roger H. Randall with him) for the city of Salem.

Michael E. O'Brien for the Mayor of Salem & another.

Present: ARMSTRONG, PERRETTA, & WARNER, JJ.

ARMSTRONG, J.

In 1983 the then mayor of Salem forwarded to the city council, for its approval, a proposed twenty-year lease of land to the plaintiff for the construction of a marina on Winter Island in Salem Sound. One of the provisions of the lease restricted the size of the marina, which was "not [to] include more than one hundred fifty (150) slips without the express written consent of the City." The lessor was defined

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