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VIOLA v. MILLBANK II ASSOCIATES

No. 96-P-210.

44 Mass. App. Ct. 82 (1997)

NANCY WHALEN VIOLA & others v. MILLBANK II ASSOCIATES & others.

Court of Appeals of Massachusetts, Hampshire.

December 19, 1997.

Attorney(s) appearing for the Case

Donna M. Brown, Special Assistant Attorney General (Leland B. Seabury, Special Assistant Attorney General, with her) for the Commonwealth.

Allan K. Cook for Valley Community Development Corporation.

Michael Pill for the plaintiffs.

Stephen M. Marcus, MaryLou Muirhead & William DeBear, for Attorneys' Committee of Community Associations Institute, New England Chapter, amicus curiae, submitted a brief.

Present: ARMSTRONG, GILLERMAN, & LENK, JJ.

GILLERMAN, J.

The plaintiffs are individual unit owners of the Millbank II Condominium in Northampton, planned by its developers as a so-called "phased" condominium project. The plaintiffs brought this action in 1990. With the passage of years, and several mesne conveyances of the development rights, the present developers, in 1993, intervened in the original lawsuit3 and filed a counterclaim seeking a declaration that under the terms...

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