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MORTON STREET LLC v. SHERIFF OF SUFFOLK COUNTY

SJC-10318.

453 Mass. 485 (2009)

MORTON STREET LLC & another v. SHERIFF OF SUFFOLK COUNTY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 31, 2009.

Attorney(s) appearing for the Case

Sander A. Rikleen (Hilary B. Dudley with him) for the plaintiffs.

Russell T. Homsy for the defendants.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

In this case we must decide whether the sheriff of Suffolk County may terminate a ten-year lease entered into with Morton Street LLC3 after the sheriff lost outside funding for the lease three years into the lease. We conclude that the sheriff lawfully terminated the lease.

Background. The material, undisputed facts are as follows.4 Prior...

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