Legal Opinion

Emmert v. Faith United Methodist Church of Methuen, Inc.

Massachusetts Superior Court

Decided April 23, 1997No. 9602212CPublished

1Opinion of the CourtWhitehead, J.

Plaintiffs, James C. Emmert and Peter Luccisano, bring this action against defendants Faith United Methodist Church (“Church”) of Methuen and the Mayor of Methuen (“Mayor”), seeking a declaration that contemplated construction and maintenance by defendant and others of certain recreational facilities on property owned by the Church is unlawful, and an injunction against the proposed construction. Plaintiffs are abutters to the Church’s property.

Count I of the complaint asserts that the proposed construction will cause run-off adversely affecting the use of plaintiffs’ land. Count II asserts…

2Cases cited17 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  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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