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State Courts -
Massachusetts - July 11 - July 13, 2006
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Fricke v. Banks, Docket Number: 05-00422,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, July 11, 2006, Decided
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Overview: Actual controversy required by Mass. Gen. Laws ch. 231A, § 1 continued to exist as to interpretation of a deed restriction even after property owner agreed to, a least temporarily, comply with the restriction because she could change her mind at any time. Thus, judicial interpretation of restriction was needed to avoid later duplicate litigation.
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