IN RE NORTHWOOD PROPERTIES, LLC

No. 07-1146.

509 F.3d 15 (2007)

In re NORTHWOOD PROPERTIES, LLC, Debtor. Sidney Bourne; Claudio M. Delise; Ralph S. Tyler, Plaintiffs, Appellees, v. Northwood Properties, LLC, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 30, 2007.


Attorney(s) appearing for the Case

Jeffrey D. Ganz and Riemer & Braunstein LLP, on brief, for appellant.

Robert J. Galvin, Christopher J. Marino, and Davis, Malm & D'Agostine, P.C., on brief, for the Abstract Club and the Real Estate Bar Association for Massachusetts, Inc., amici curiae.

Sidney Bourne, Claudio M. Delise, and Ralph S. Tyler, on brief, pro se.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

In this case we interpret Massachusetts General Laws chapter 183A, section 5, which governs condominium owners' rights and powers vis-à-vis the phased development of condominium projects. We reverse the district court, In re Northwood Props., LLC, 356 B.R. 81 (D.Mass.2006), because its statutory interpretation was in error.

Northwood Properties, LLC, ("Northwood") is the developer of Northwood...

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