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WOODVALE CONDOMINIUM TRUST v. SCHEFF

No. 88-P-564.

27 Mass. App. Ct. 530 (1989)

540 N.E.2d 206

WOODVALE CONDOMINIUM TRUST vs. JAMES SCHEFF & another.

Appeals Court of Massachusetts, Middlesex.

June 30, 1989.

Attorney(s) appearing for the Case

John W. Bishop, Jr., for the plaintiffs.

Francis E. Jenney for the defendants.

Present: PERRETTA, KAPLAN, & KASS, JJ.

KASS, J.

Among the restrictions in the master deed (see G.L.c. 183A, § 8) which created the Woodvale Condominium was a provision that, "Each of the residential buildings and each of the Units are intended to be solely for residential dwelling purposes." The Scheffs, the defendants, have been operating a family day care home in unit no. 399-4, a residential unit, and the question which the parties present is whether that activity is prohibited by the restrictive...

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