FRANCISCO CRANBERRIES LLC v. GIBNEY


1999 Mass. App. Div. 223 (1999)

Francisco Cranberries LLC v. Edward P. Gibney, Jr., and others

Massachusetts Appellate Division, Southern District.

September 14, 1999.


Attorney(s) appearing for the Case

Harry M. Arruda for the plaintiff.

Thomas P. Gay for the defendant.

Present: Aguiar, P.J., Wheatley & Sabra, JJ.


Aguiar, J.

This appeal raises the issue of whether the Court erred in failing to find the defendant's abatement order annulled as a matter of law because it calls for the abatement of the alleged nuisance by on or about June 22, 1998, less than the 10 days required under M.G.L.c. 111, §125A.

We find there was no error.

This appeal further raises the issue of whether the court erred in finding the pile of sand to constitute a nuisance in light...

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