Durand v. IDC Bellingham, LLC
Massachusetts Supreme Judicial Court
1Concurring in part, dissenting in partSpina, J.
(concurring in part and dissenting in part, with whom Ireland and Cowin, JJ., join). I concur with the result the court reaches, but I disagree with the reasoning of the decision.
A town is a “corporate entit[y].” Art. 89, § 8(4), of the Amendments to the Massachusetts Constitution. See Opinion of the Justices, 416 Mass. 1201, 1202-1203 (1993). Corporations act through their authorized agents, and when a corporation’s actions come into question, we attribute to the corporation the actions, words, and knowledge of its agents acting within their authority. This principle applies equally to…
2Cases cited11 opinions
- Massachusetts Municipal Wholesale Electric Co. v. Town of DanversMassachusetts Supreme Judicial Court · 1991
- Pheasant Ridge Associates Ltd. Partnership v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1987
- Leahy v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1941
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1960
- Whittemore v. Building InspectorMassachusetts Supreme Judicial Court · 1943
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