SHAWMUT-CANTON LLC v. GREAT SPRING WATERS OF AMERICA, INC.; KISIEL

No. 03-P-610.

62 Mass. App. Ct. 330 (2004)

SHAWMUT-CANTON LLC v. GREAT SPRING WATERS OF AMERICA, INC.; MARK KISIEL & another, third-party defendants.

Appeals Court of Massachusetts, Suffolk.

October 22, 2004.


Attorney(s) appearing for the Case

Allison W. Phinney, III (Michael F. Connolly with him) for Great Spring Waters of America, Inc.

Marilyn D. Stempler for Shawmut-Canton LLC & another.

Joel G. Beckman for Grubb & Ellis of New England.

Present: ARMSTRONG, C.J., DREBEN, & COHEN, JJ.


DREBEN, J.

As landlord of certain property in Canton, the plaintiff entered into a ten-year lease with the defendant Great Spring Waters of America, Inc. (Great Spring), a company engaged in bottling, distributing, and selling water products. Before occupancy began, Great Spring attempted to cancel the lease because it considered that "an important part of [its] requirements for the property" would not be forthcoming — the town would not grant approval of a...

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