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PINECREST VILLAGE, INC. v. MACMILLAN

425 Mass. 70 (1997)

PINECREST VILLAGE, INC. v. RICHARD J. MACMILLAN.

Supreme Judicial Court of Massachusetts, Middlesex.

May 21, 1997.

Attorney(s) appearing for the Case

John V. Fernandes (Evan Lawson with him) for the plaintiff.

Laurence A. Faiman for the defendant.

Edward J. DeAngelo, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

FRIED, J.

The plaintiff, Pinecrest Village, Inc., sought a declaratory judgment in the Superior Court that G. L. c. 148, § 261, did not require the installation of an automatic sprinkler system in townhouse condominium complexes that it was building. The Superior Court granted summary judgment in favor of the defendant, the fire chief of Hopkinton, concluding that the plain language of § 261 requires the sprinkler system. The plaintiff appealed. We transferred...

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