CHOICE HEALTH DOUGLAS INVESTMENT GROUP, INC. v. DEVCON ENTERPRISES, INC.


2007 Mass. App. Div. 136 (2007)

Choice Health Douglas Investment Group, Inc. v. Devcon Enterprises, Inc., and others

Massachusetts Appellate Division, Western District.

August 21, 2007.


Attorney(s) appearing for the Case

No brief filed for the plaintiff.

Michael N. Kallock for the defendants.

Present: LoConto, P.J., Rutberg & Gardner, JJ.


Gardner, J.

The issue on this appeal is whether a shopping center's imposition on its tenants of a separate property management fee as an operating expense constituted a breach of the parties' commercial lease and a violation of G.L.c. 93A, §11. The trial court found that the management fee was not only excessive, at five (5%) percent of gross rents, but also redundant because it was assessed in addition to a fifteen (15%) percent fee for the owner's administrative...

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