Legal Opinion

Greater Franklin Developers Ass'n v. Town of Franklin

Massachusetts Superior Court

Decided August 11, 1997No. 9502608Published

1Opinion of the CourtDoerfer, J.

INTRODUCTION

The plaintiff real estate developers filed the present suit against the Town of Franklin challenging the constitutionality of the Town’s imposition of various real estate development “user” and “impact” fees. This matter is before the court on various motions by the parties for summary judgment pursuant to Mass.R.Civ.P. 56. For the reasons discussed below, the plaintiffs’ motion for partial summary judgment with respect to the sprinkler/hydrant connection fee and schools impact fee is ALLOWED in part and DENIED in part and the Town’s cross-motion for partial summary judgment is…

2Cases cited35 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  3. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  4. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  5. Cassesso v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983

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