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CITY OF WORCESTER v. COLLEGE HILL PROPERTIES, LLC

No. SJC-11166.

465 Mass. 134 (2013)

CITY OF WORCESTER v. COLLEGE HILL PROPERTIES, LLC, & another (and four companion cases).

Supreme Judicial Court of Massachusetts, Worcester.

May 15, 2013.

Attorney(s) appearing for the Case

Gary S. Brackett for the defendants.

Ann S. Refolo , Assistant City Solicitor, for the plaintiff.

Philip S. Lapatin & Nathaniel F. Hulme , for Greater Boston Real Estate Board, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

The defendants own two-family and three-family rental properties in Worcester. They leased dwelling units in these properties to groups of four unrelated adult college students. Each such dwelling unit contained a living room and dining room, kitchen, bathroom, and bedrooms. The inspectional services department of the city of Worcester (city) determined that, where such a dwelling unit is occupied by four or more...

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