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GREAT. BOSTON REAL ESTATE BD. v. BD REAL ESTATE BROKER

405 Mass. 360 (1989)

540 N.E.2d 1313

GREATER BOSTON REAL ESTATE BOARD vs. BOARD OF REGISTRATION OF REAL ESTATE BROKERS AND SALESMEN.

Supreme Judicial Court of Massachusetts, Suffolk.

July 11, 1989.

Attorney(s) appearing for the Case

Richard J. McCarthy for the plaintiff.

Despena Fillios Billings, Assistant Attorney General, for the defendant.

Robert S. Kutner, for Massachusetts Association of Realtors, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

We declare that a regulation issued by the Board of Registration of Real Estate Brokers and Salesmen (board) is void because it is in excess of the board's disciplinary and administrative authority. The Greater Boston Real Estate Board (GBREB), an organization which represents the interests of real estate brokers, filed a complaint in the single justice session requesting a declaration that the board's regulation, 254 Code Mass. Regs. § 2.05 (13) ...

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