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SCULLY v. TILLERY

SJC-10465

456 Mass. 758 (2010)

STEPHEN J. SCULLY, trustee, & others v. KATHLEEN TILLERY, trustee, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 14, 2010.

Attorney(s) appearing for the Case

Brian M. Hurley for the plaintiffs.

Michael P. Angelini for the defendants.

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

MARSHALL, C.J.

The Cape Codder Condominium development in Falmouth (condominium) was built in two phases, the first of which was completed in 1989, the second in 1999.5 This case concerns a dispute between owners of units built during the first phase (phase I owners) and owners of units built during the second phase (phase II owners). The plaintiffs, the phase II owners, claim that certain provisions in amendments to the condominium's...

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