PARELLO v. McKINNEY

No. 96-P-1582.

46 Mass. App. Ct. 785 (1999)

DANA PARELLO v. LISSA C. MCKINNEY.

Court of Appeals of Massachusetts, Middlesex.

May 21, 1999.


Attorney(s) appearing for the Case

Joel M. Sowalsky for the plaintiff.

Diane Stelfox Doyle for the defendant.

Present: ARMSTRONG, LENK, & BECK, JJ.


BECK, J.

At issue here is whether legislation eliminating a legislatively created cause of action may be applied retroactively to a claim that accrued prior to the repeal. This issue is often difficult and has been subject to various tests and legal standards for decades. In this case, by amendment to a section of the State Building Code, G. L. c. 143, the legislation in question created strict liability against

"[a]ny person who obtains a permit pursuant...

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