Legal Opinion

Danvers-DCH, Inc. v. Hill

Massachusetts Superior Court

Decided March 5, 2007No. 052974BLSPublished

1Opinion of the Court

Gants, Ralph D., J.

The plaintiff, Danvers-DCH, Inc. (“Danvers” or “Tenant”), leases property in Medford owned by the defendant Kathleen Hill, as Trustee of the A&P Realty Trust (“Hill” or “Landlord”). The crux of the dispute is whether Danvers may exercise its option to purchase the property under the Amended Lease. Both parties have cross moved for summary judgment. Since Danvers obtained a lis pendens from this Court on July 26, 2005, Hill has also brought a special motion to dismiss under G.L.c. 184, §15. This Court will address the cross motions for summary judgment first.

*338 CROSS MOTIONS…

2Cases cited6 opinions

  1. Lucey v. Hero International Corp.Massachusetts Supreme Judicial Court · 1972
  2. Westinghouse Broadcasting Co. v. New England Patriots Football Club, Inc.Massachusetts Appeals Court · 1980
  3. Galipault v. Wash Rock Investments, LLCMassachusetts Appeals Court · 2005
  4. United States v. T. W. Corder, Inc.Court of Appeals for the Ninth Circuit · 1953
  5. Hill v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 2003

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