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NOBLE v. MURPHY

No. 90-P-1021.

34 Mass. App. Ct. 452 (1993)

612 N.E.2d 266

BRIAN S. NOBLE & others, trustees, vs. JOHN MURPHY, individually & as executor.

Appeals Court of Massachusetts, Norfolk.

May 6, 1993.

Attorney(s) appearing for the Case

Harry D. Quick, III, for the defendant.

Seth Emmer (Constance M. Hilton with him) for the plaintiffs.

Present: FINE, JACOBS, & PORADA, JJ.

JACOBS, J.

The plaintiffs, as managers of a condominium established under G.L.c. 183A, sought the removal of two pet dogs from a condominium unit owned by John Murphy and Margaret Wilson.3 They based their action upon a condominium by-law banning all pets from any housing unit or common area of the condominium. They also sought to enforce by-laws providing for the assessment of a $5 per day per violation penalty and payment by the defendants...

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