Franklin v. Spadafora

The issue here is whether a trust by-law adopted by the defendants, trustees of the Melrose Towers Condominium Trust (trust), limiting to two the number of units in the Melrose Towers Condominium (condominium) which may be owned by any one person or entity, represents an unreasonable restraint on alienation or operates to deny the plaintiffs equal protection of the laws or due process of law. The case was submitted to a judge of the Superior Court on a statement of agreed facts. The judge entered a judgment declaring that the by-law was “valid and not unconstitutional.” The plaintiffs…